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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 encompass plots sold to individuals.

A cemetery association has the duty to maintain the premises in a reasonably safe condition. Doing so includes the proper maintenance of portions of the cemetery used for travel or occupation by attendants of burials.

Uniform and reasonable rules and regulations may be made for the care and management of lots by the proprietors of a cemetery. Such rules must be equal in their operation. An unreasonable rule would be to prohibit the owner of a lot from hiring his own caretaker; however, a rule requiring that such work be done by competent persons would be reasonable.

Additional topics

Law Library - American Law and Legal InformationFree Legal Encyclopedia: Robert Lee Carter - Further Readings to Child MolestationCemeteries - Establishment And Regulation, Location, Title And Rights Of Owners Of Plots, Grounds, Or Graves