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Cemetery Plot Ownership Laws In San Antonio
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State:
Multi-State
City:
San Antonio
Control #:
US-000297
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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.