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Cemeteries

Right Of Burial

Everyone is entitled to a decent burial in a suitable place. The right to be interred in a particular cemetery is an easement, license, or privilege. An element of this right is the privilege to be buried according to the usual custom in the community and pursuant to the rules and regulations set forth by the proprietor of the cemetery. When an individual does not purchase a plot subject to any restrictions on burial, the proprietors have no subsequent power to limit such right unreasonably.

An individual who obtains the right to be buried in a cemetery subject to the control of a religious organization takes the plot subject to the organization's rules. This may limit the burial right to its members or to those in communion with such organizations. The church has exclusive jurisdiction over the question of whether a person is in communion with a religious organization and thereby entitled to burial in its cemetery.

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