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Cemeteries - Establishment And Regulation, Location, Title And Rights Of Owners Of Plots, Grounds, Or Graves

cemetery private apply public

Areas that are set aside by public authority or private persons for the burial of the dead.

A public cemetery is open for use by the community at large while a private cemetery is used only by a small segment of a community or by a family.

A cemetery includes not only the actual grave sites but also surrounding areas such as avenues, walks, and grounds.

Cemeteries are not governed by laws that apply to real property or corporations due to their inherently different nature. Most states have established laws that specifically apply to cemeteries.

CROSS-REFERENCES

Corpse; Easement; Property Law.

Additional Topics

Cemeteries - Establishment And Regulation

The establishment of a cemetery involves the process of formally designating a tract of land for use for the burial of the dead. It must be set apart, marked, and distinguished from adjoining ground as a graveyard. The establishment of cemeteries, such as the one pictured, may be prohibited by state or local legislative bodies but only under certain circumstances. LIBRARY OF CONGRESS Regul…

Cemeteries - Location

Cemeteries - Title And Rights Of Owners Of Plots, Grounds, Or Graves

The plot owner's interest is a property right entitled to protection from invasion and the title is a legal estate. The owner's rights are subject to the police power of the state as well as the rules of the cemetery and any restrictions made in the contract of sale. …

Cemeteries - Duties As To Care And Maintenance

The owner of a plot has the duty to care for and maintain the plot either personally or through an agent. A cemetery's trustees may supervise plots to prevent them from disintegrating to the point of unsightliness. If a statute so requires, a cemetery association must care for its plots. If a charter imposes a duty upon the association to keep the grounds in repair, this obligation does not…

Cemeteries - Right Of Burial

Cemeteries - Interference With Owner's Rights

Cemeteries - Further Readings

Cronin, Xavier. 1996. Grave Exodus: Tending to Our Dead in the 21st Century. Fort Lee, NJ: Barricade. Echo-Hawk, Roger C., and Walter Echo-Hawk. 1996. Battlefields and Burial Grounds: The Indian Struggle to Protect Ancestral Graves in the United States. Minneapolis, Minn.: Lerner. Harnish, Jessica L. 2002. "Unlawful Concealment and Desecration of Burial Sites not Considered an Improvement t…

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