Cemetery Plot Ownership Laws Pennsylvania

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As the title to this form indicates, this form is an agreement for perpetual care in a cemetery.

Pennsylvania Agreement for Perpetual Care in a Cemetery is a legal document that ensures the ongoing maintenance and preservation of burial grounds and cemetery properties in the state of Pennsylvania. This agreement establishes the required standards and obligations for cemetery owners or operators to provide perpetual care of the cemetery, including regular maintenance, landscaping, and upkeep of gravesides, mausoleums, memorials, and other cemetery structures. The specific terms and conditions of the Pennsylvania Agreement for Perpetual Care can vary based on individual cemeteries and the regulations set forth by the state. However, the primary purpose remains the same — to guarantee that the cemetery grounds are maintained in perpetuity, respecting the dignity and reverence of the deceased and providing a serene and well-kept environment for visitors and loved ones. Some key provisions typically included in a Pennsylvania Agreement for Perpetual Care in a Cemetery may include: 1. Grounds Maintenance: The agreement outlines the required maintenance activities, such as mowing, weeding, landscaping, tree care, and pest control, to ensure the appearance and overall condition of the cemetery grounds. 2. Graveside Care: It includes provisions for grave preparation, grave marker installation, proper burials, and the repair or replacement of damaged or deteriorating grave markers. 3. Structural Maintenance: The agreement may cover the repair, cleaning, and upkeep of cemetery structures such as mausoleums, chapels, office buildings, fences, gates, roads, and pathways. 4. Administrative Provisions: This section specifies the cemetery's obligations related to record-keeping, financial management, reporting, and compliance with applicable laws and regulations. 5. Funding and Reserve Accounts: The agreement may outline the financial requirements for cemetery operators, including the establishment of trust funds or reserve accounts. These accounts are usually ringfenced for the sole purpose of perpetual care and ensure adequate funding to maintain the cemetery grounds beyond the present day. It is important to mention that while these provisions represent the general framework for Pennsylvania Agreements for Perpetual Care, different cemeteries may have their own supplemental agreements or rules. These variations can pertain to specific decoration regulations, guidelines for erecting memorials or monuments, or even restrictions on certain burial practices. Examples of different types of Pennsylvania Agreements for Perpetual Care in a Cemetery include religious cemeteries, municipal cemeteries, private cemeteries, and veteran cemeteries. Each type may have its own set of regulations and additional considerations based on the needs and preferences of the cemetery's owners or specific community served.

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FAQ

The State Real Estate Commission may investigate any cemetery company engaged in a business relating to cemetery lots, plots or mausoleum spaces, openings or foundations and fine the company up to $1,000 or suspend or revoke the registration of the company in accordance with the provisions of section 604 of the act of

There are no rules that govern specific burial or maintenance practices in Pennsylvania. Private, for-profit cemeteries (there are about 600 out of 10,000) fall under the jurisdiction of the Real Estate Commission because they are involved in the buying and selling of deeds.

When you buy a burial plot, often what you're actually doing is buying a Grant of Exclusive Right of Burial, which is the right to decide who is buried there for a set period of time (usually about 25100 years).

The Registered Owner of the Deed of Exclusive Right of Burial has the automatic right to be buried in the grave; they may also allow others to be buried in the grave (space permitting). They do not, however, own the land itself. The ownership of the cemetery land remains with the Council.

A state may regulate the location of cemeteries through the exercise of its police power by statute directly regulating the location of cemeteries. In California, see Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (U.S. 1910).

Perpetual care is a fund put together to help maintain cemetery grounds, graves, crypts, mausoleums, etc. Families of people buried in the cemetery grounds contribute towards these funds to ensure the place is clean, well-maintained, and secure.

Memorials. The person named on a Deed as owner of Exclusive Right of Burial in a grave also has the right to have a memorial erected on that grave. Responsibility for any memorial erected on a grave lies with the person named on the Deed pertaining to it.

Perpetual care is a fund put together to help maintain cemetery grounds, graves, crypts, mausoleums, etc. Families of people buried in the cemetery grounds contribute towards these funds to ensure the place is clean, well-maintained, and secure.

Nonperpetual care cemetery means a cemetery that is not a perpetual care cemetery. Sample 1. Sample 2. Sample 3. Nonperpetual care cemetery means all other cemeteries, mausoleums, columbariums, or other organizations subject to the provisions of this chapter.

Generally speaking, when you purchase a cemetery plot, it does not expire, and it will always be yours. However, there are a few things to keep in mind. First, it's important to point out that when you purchase a burial plot, you are not purchasing the land itself.

More info

27-Jun-2021 ? supplemental to the Pennsylvania Nonprofit Corporation Law of 1988, as thebe set apart for perpetual care, preservation, repair, ... 19a-302 in 1983; P.A. 03-252 changed the number of members of cemetery committeeThe balance shall be placed in a perpetual care fund, the interest from ...By W Mucklow · 1935 ? these pages with the various matters incident to cemetery accounts,Perpetual-care funds and the federal income taxcaid's Appeal, 66 Pa. The purchase price shall include perpetual care, as more fully explained in the Purchase Agreement. 2. No burial lot can be conveyed or assigned by the original ... By I Very ? UNIVERSITY OF PENNSYLVANIA LAW REVIEW. Vol.18 recognition of the unique character of a cemetery lot, courts have modified the usual law of contracts ... (a) ?Act? means the cemetery regulation act, 1968 PA 251, MCL 456.521 to 456.543.(f) An endowment and perpetual care trust agreement.7 pages (a) ?Act? means the cemetery regulation act, 1968 PA 251, MCL 456.521 to 456.543.(f) An endowment and perpetual care trust agreement. Theft and related offenses are discussed in chapter 39 (18 Pa. Const. Stat. § 3901-3934). What is the criminal liability for unlawfully excavating human remains ... Cemeteries; to provide standards regarding the long-term care of certain cemeteries and trustingMichigan Compiled Laws Complete Through PA 33 of 2017. cemeteries; to provide standards regarding the long-term care of certain cemeteries and trustingMichigan Compiled Laws Complete Through PA 33 of 2017. Burial benefits available include a gravesite in any of our National cemeteries with available space, opening and closing of the grave, perpetual care, ...

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Cemetery Plot Ownership Laws Pennsylvania