I am working on a survey of 2 cemeteries. One is a family cemetery and the other is an old slave cemetery. The family cemetery is clearly defined with a stone wall while the slave cemetery is, not surprisingly, not defined at all. There was a subdivision that came through in 1941 the defined the cemetery with dimensions.
My trouble is that I cannot find title to these cemeteries anywhere! I am in Kentucky and I am not sure how other states are. Anyone else deal with this? In Kentucky or otherwise? Thanks for the feedback!
If it's like Tennessee, there is no deed. The surrounding property owner owns it. However, the public has a right to visit and maintain the graves. As to the boundaries, the cemetery is wherever the graves are.
What an appropriate question from a person named Graves.
Family cemeteries tend to be wherever the graves happen to be. The land is still part of the original tract.
In rare cases, what started as a family cemetery was allowed to be taken over by a cemetery association or church many years ago and now is what might be called a standard cemetery with a definite grave pattern and lots for sale, unless completely full.
Thanks! My last name probably got me the job, or at least I hope that it did...
I think in Iowa some rural cemeteries have been deeded to the Township Trustees. That would slightly reduce the tax bill for the surrounding landowner. I think I once saw the deed for the cemetery where the oldest stone is for one of my g-g-grandfathers.
While private, family, church or community, the State of Texas oversees and regulates cemeteries.
When one is found while surveying and it is not on the state's list, the surveyor''s duty is to notify the state of the location.
Check out Gray's Cemetery...
https://surveyorconnect.com/threads/food-for-thought.325513/#post-357487
DDSM
Several years ago we designed the plans for widening a State Route, part of which included right of way plans. The existing right of way was adjacent to a Confederate Cemetery and involved relocating a fence (no acquisition involved but did need easement for relocation and no graves disturbed). The District Engineer stated he needed a certification from all descendants of those buried there before he would approve the plans. I don't know how many thousand hours it would have taken to research all those, but he was finally convinced that it was unnecessary.
Andy
you might find something useful in the Washington State Law. Particularly 68.24...
What can get hairy is when the Cemetery Association hands out a deed for each lot to the buyer. Some take that very seriously and decide they can do anything with it their little heart desires. It gets worse if they buy a significant number of adjoining lots. Then they have room to erect ugly fences, plant trees that soon intrude onto other lots, plant gardens (why, oh, why) and other things "normal" people intentionally do not do.
Holy Cow, post: 367137, member: 50 wrote: What can get hairy is when the Cemetery Association hands out a deed for each lot to the buyer. Some take that very seriously and decide they can do anything with it their little heart desires. It gets worse if they buy a significant number of adjoining lots. Then they have room to erect ugly fences, plant trees that soon intrude onto other lots, plant gardens (why, oh, why) and other things "normal" people intentionally do not do.
Did a survey in one of the more "uppity" cemeteries here in town in conjunction with a boundary dispute. It would have been interesting if it wasn't so damned sad.
A rather successful, but none-the-less dead, local car dealer had purchased an entire "block" in the cemetery for his final resting place. As his "time" grew imminent, he had lavish concrete, benches and marble statues with monuments placed amid expensive landscaping all around his final "spot". Rather than allow the cemetery's "regular" staff tend to things, the family had their own contractor. The cemetery folks were more than happy to stay out of their way.
Well the day came and our hapless car salesman took his eternal place. As the family powdered him up for his last show the cemetery crew (Gus and the rubber-tire Case backhoe) got out and started digging the grave. Oops. Somebody's already down there! Some quick roll up tape work and it was soon discovered that the newly placed "monument garden" was only 1 Block off (65'). The attorneys jumped to work and tried to argue that since all the money had been spent for improvements (that surely benefitted EVERYONE); it was more logical to have the previously interred decedent "evicted" and allow Mr. Car Salesman to rest in his "eternal garden"....that was built in the wrong place.
The courts didn't buy it. Mr. Car lot had to get planted in a rather unattractive bald spot 65' from his beloved "garden".
After being a part of that fiasco I realized that everything that was ever said in a derogatory manner about attorneys was indeed true.
Quite common here in Maine -- commonly a few years after the cemetery is created a deed to the encumbered parcel from the original owner will say "excepting and reserving the Doe Family Cemetery on said property, sometimes -- though rarely -- reciting a description of the cemetery with or without dimensions -- and with or without a right-of-way to get to it. I usually just label it "Doe Family Cemetery/see Note X" and recite the facts in a note. The ownership question is a title problem and not a boundary problem. So my note usually concludes with "An attorney should be consulted if this matter is of concern."
Lot of interesting items lately in Google news alerts.
Here was one of them