Cemetery Plot Ownership Laws In San Antonio

State:
Multi-State
City:
San Antonio
Control #:
US-000297
Format:
Word; 
Rich Text
Instant download

Description

The document is a Petition to Set Aside Conveyance related to cemetery plot ownership laws in San Antonio, highlighting issues surrounding perpetual care cemeteries. It outlines the plaintiffs' interest in a specific cemetery and seeks to invalidate prior property transfers that negatively impact the cemetery's status as a perpetual care site. This form includes critical details, such as parties involved, property descriptions, and the history of conveyances, necessitating precise filling and editing to ensure legal validity. Attorneys, partners, owners, associates, paralegals, and legal assistants will find it useful for asserting and protecting cemetery plot rights within San Antonio's legal framework. Users should focus on accurately presenting property details and maintaining compliance with local laws. The form's instructions underscore the need for clarity in the details submitted, making it essential for professionals engaged in real estate or estate planning.
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FAQ

Section 711.041 of the Health and Safety Code states that access to a cemetery cannot be denied by the surrounding landowner (please see attached). The Texas Historical Commission is not a law enforce agency and cannot enforce laws. This responsibility falls to local law enforcement.

Also, Texas does allow private burial on private property, but you still must become familiar with your local county and city government's rules and regulations concerning such things as underground pipelining, water sources, zoning, etc.

Cemeteries don't reuse burial plots at any point. They wonder how long their loved ones will have the exclusive rights to a burial plot. You'll be happy to hear that good cemeteries aren't ever going to reuse their burial plots.

Once the deed for the burial plot is in your name you can do whatever you want with it. You can use it for yourself in the future, sell the burial plot or simply hold on to it, even if you plan to be cremated.

How to Transfer Ownership of a Burial Plot Step 1 – Get the Deed From the Cemetery. Step 2 – Review the State and Local Laws. Step 3 – Prove You Are the Current Owner. Step 4 – Fill Out the Cemetery Plot Deed Transfer Form. Step 5 – Complete the Transfer and Get the New Deed.

Texas' automatic right of interment states that the plots pass first to your surviving spouse, otherwise to your children on a first come, first need basis and then finally to your heirs at law.

Cemetery property is owned by the cemetery corporation. The real property is not sold. The lot “owner” receives three privileges: the right of burial, the right to memorialize and the right to vote at lot owner meetings. Q.

Yes, Cemetery Plots Are Real Estate. The cemetery company owns the land, as it holds the deed to the cemetery.

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Cemetery Plot Ownership Laws In San Antonio