Are there any rules on heirship regarding unused graves or family plots? Burial rights obtained through inheritance should be recorded with the cemetery.(1) No cemetery corporation, in purchasing real property hereafter, shall pay or agree to pay more than the fair and reasonable market value thereof. When a person buys a cemetery plot they are actually purchasing the right to determine who will be buried in that particular space. The bottom line is that if a consumer has not first offered the unused graves for sale to the cemetery in writing, they cannot resell them. Cemetery plot ownership laws dictate that the cemetery remains the actual owner of the land or physical property. You have the right to have a body interred in that specific location, but the land remains the property of the cemetery. There are specific legal processes involved. Yes, Cemetery Plots Are Real Estate. First, it's important to point out that when you purchase a burial plot, you are not purchasing the land itself.