Conveyance Cemetery Without A Permit In Florida

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Multi-State
Control #:
US-000297
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Word; 
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This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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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 ...

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The Division of Funeral, Cemetery, and Consumer Services can assist consumers with questions or complaints. —No person may operate a cemetery without first obtaining a license under this section, unless specifically exempted from this chapter.Generally speaking cemetery plots are treated like land, because they are. Refer to deeds first, then look at the will or state intestacy laws. The Division of Funeral, Cemetery, and Consumer Services offers licenses for individuals as well as businesses and establishments. Conveyance, sale or transfer means the conveyance of a right to burial in a space and shall not be deemed to convey fee simple title to the space. A cemetery lot owner's rights are contractual and subject to the ordinary rules of contract law. If a bank forecloses a house and there's a cemetery on the property can the new owner's move the cemetery and or graves? This is a legal question. A burial permit must be presented to the City before burial can take place.

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Conveyance Cemetery Without A Permit In Florida