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WVa Surveyors question.

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 vern
(@vern)
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My sister owns a piece of property with a cemetery either on the property or adjoining it. She is finding the deed so I can determine which it is. This cemetery has a few marked graves from the early 1800's and it is rumored that there are other unmarked graves there. The cemetery is very small, 30' by something probably less than 100'. Over the years she has lost two children to accident and crib death and she had them buried on the cemetery property. In January this year, our mother passed and we had her buried on my sisters land adjacent to the cemetery. This past week my brother lost his life to an ATV accident and we want to bury him adjacent to mom.

Any WV surveyors in the house with cemetery experience willing to help out a grieving family to annex the plots to the cemetery? I would do it myself but I have no equipment here and can't find any section corners:-( . Excuse the humor, it's how I am coping with the loss. Also I will have to be getting back to Colorado shortly after the funeral.

 
Posted : September 16, 2012 6:51 pm
(@deleted-user)
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Vern,

Sorry to hear of your brother.

You may be able to just go ahead with what you guys want to do without involving a surveyor. Just like with the other burials. I don't know the laws there, but maybe you can check in the courthouse ahd find out.

Best Wishes.

 
Posted : September 16, 2012 11:03 pm
(@r-michael-shepp)
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Sorry for your loss.

I think the answer in part depends upon what the status is of the existing cemetery.

Which county is it in?

 
Posted : September 17, 2012 1:56 am
(@davidalee)
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Sorry to hear of your loss. I am dealing with a similar situation right now (not my family, a client's family). I wouldn't mind to help. Where are you located? I am in the western part of the state and R. Michael Shepp is in the eastern part.

 
Posted : September 17, 2012 3:52 am
 vern
(@vern)
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Thanks David and Michael,
The property is located in East Dailey, Randolph County. I would imagine that it is considered an active cemetery since three people have been buried there in the past 15 years. If I have the time after the funeral I will stop by the courthouse in Elkins and see what I can find out.

 
Posted : September 17, 2012 8:14 am
(@carl-b-correll)
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> Thanks David and Michael,
> The property is located in East Dailey, Randolph County. I would imagine that it is considered an active cemetery since three people have been buried there in the past 15 years. If I have the time after the funeral I will stop by the courthouse in Elkins and see what I can find out.

Give Leon Mallow a call if he's still operating. I know he's a straight shooter and I hold in the highest regard.

Carl

 
Posted : September 17, 2012 8:47 am
(@r-michael-shepp)
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I second the recommendation for Leon Mallow. He is still working I spoke with him about a month ago. You could also try Don Teter. Both are good surveyors and fine men.

 
Posted : September 17, 2012 9:06 am
(@davidalee)
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:good:

 
Posted : September 17, 2012 9:46 am
(@carl-b-correll)
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> I second the recommendation for Leon Mallow. He is still working I spoke with him about a month ago. You could also try Don Teter. Both are good surveyors and fine men.

:good: :good:

 
Posted : September 17, 2012 9:49 am
 vern
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Thanks, mys sister says she knows Don and I probably went to school with some of his relatives.

 
Posted : September 17, 2012 4:08 pm
 vern
(@vern)
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My sister has decided that she wants to dedicate the whole property as a cemetery. Since both of the children passed on the property she doesn't want anybody to ever live on it again. I told her the first step would be to go to the courthouse and start asking questions about how to complete the transaction. At this point, I don't believe that a survey will be needed as it is already a platted lot with an adequate legal description for conveyance. I assume ownership of cemetery property would be in the county or state domain name.

 
Posted : September 21, 2012 6:11 pm
(@carl-b-correll)
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Now you are treading into murky waters. She better make sure it's zoned for a cemetery. If there is no zoning, upkeep might be an issue. Asking the deputy clerks at the courthouse may not render much help, they know their job, but not land law. A real estate attorney might be a better direction, or maybe her church.

I know here locally (Christiansburg, VA) that there are two fairly large cemeteries within the town. One is run by a cemetery corporation (ROSELAWN MEMORIAL GARDENS - 311 VETERANS HWY SUITE B - LEVITTOWN PA 19056) and the other was very poorly run by another group that the town finally had to take over (CHRISTIANSBURG TOWN OF - CEMETERY - 100 E MAIN ST - CHRISTIANSBURG VA 24073). I know the the town became a reluctant owner of the property. I'm not sure if Randolph County wants to deal with that or not.

Basically, I'm saying that she may have to try several sources, and to not get flustered. It's not often that people want to give up land for a cemetery.

Good luck

Carl

 
Posted : September 21, 2012 8:14 pm