US Legal Forms
Petition to Set Aside Conveyance of Cemetery

Conveyance Cemetery Without A Permit In Florida

Q: Can you have a graveyard on personal property in Florida?

Ing to the Florida Division of Funeral, Cemetery &amp; Consumer Services, Florida allows families to establish cemeteries that are less than two acres large, so long as burial spaces or burial rights aren&#039;t offered for sale. (See also Fla. Stat. 497.260 (2024).)

Category:

Real Estate - Cemeteries

State:

Multi-State

Control #:

US-000297

Format:

Instant download

Description

The Petition To Set Aside Conveyance addresses the legal process for challenging property conveyances involving a perpetual care cemetery in Florida, specifically when such conveyances are made without the necessary permit. This form is utilized by parties who assert an interest in the cemetery property and seek to have prior conveyances declared void due to their improper nature, thus protecting the integrity of the cemetery's status. Key features of the form include sections for detailing the property in question, identifying involved parties, and the explicit request for the court to declare specific deeds invalid. Filling out the form requires users to provide the applicable details, exhibit relevant documents, and be prepared for a court hearing. The form is particularly useful for attorneys, paralegals, and legal assistants who are navigating real estate disputes or matters concerning property used as cemeteries. It's essential for users to accurately present their claims and ensure all requisite information is included to facilitate the court's review. Additionally, partners, owners, and associates may leverage this form to safeguard their legal rights regarding cemetery property, making it a critical tool in legal proceedings within this context.

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FAQ

Can I bury my family on my own property? There is no state law that prohibits this activity. Local ordinances and rules should be consulted to determine if this type of burial is permitted. Check local zoning laws and deed restrictions, etc., to determine if it is allowed in the local community.

(b) To avoid liability to undiscovered trespassers, a person or organization owning or controlling an interest in real property must refrain from intentional misconduct that proximately causes injury to the undiscovered trespasser, but has no duty to warn of dangerous conditions.

Regulation of Trade, Commerce, Investments, and Solicitations § 497.270. Minimum acreage; sale or disposition of cemetery lands. (1) No land in a licensed cemetery may be sold, mortgaged, leased, or encumbered without prior approval of the licensing authority pursuant to procedures specified by rule.

Ing to the Florida Division of Funeral, Cemetery & Consumer Services, Florida allows families to establish cemeteries that are less than two acres large, so long as burial spaces or burial rights aren't offered for sale. (See also Fla. Stat. § 497.260 (2024).)

Chapter 497, Florida Statutes, contains laws by which the death care industry is regulated in the State of Florida, and is an important resource for both the consumer and those involved in the death care industry.

(i) “Real property” or “real estate” means any interest or estate in land and any interest in business enterprises or business opportunities, including any assignment, leasehold, subleasehold, or mineral right; however, the term does not include any cemetery lot or right of burial in any cemetery; nor does the term ...