ARTICLE XXVI ….PROPERTY RIGHTS OF PLOT OWNERS

30
Aug

ARTICLE XXVI ….PROPERTY RIGHTS OF PLOT OWNERS

ARTICLE XXVI –  PROPERTY RIGHTS OF PLOT OWNERS

1.    Owner of Record:  All lots, plots and burial space conveyed shall be presumed to be the sole and separate property of the person or persons named as grantee in the instrument of conveyance; provided, however, that the husband or wife shall have a vested right of interment of his or her body in any burial plot conveyed to the other, which right shall continue as long as he or she shall remain the husband or wife of the plot Owner or shall be his or hers, wife or husband at the time of such plot Owner’s demise.

2.    Divorce:  A final decree of Divorce between them shall terminate such vested right of interment unless it shall otherwise be provided by such decree of divorce.

3.    Joint Tenancy:  Joint Ownership of burial rights is permitted.  In all conveyances to two or more persons as joint tenants, each joint tenant shall have a vested right of interment of his or her remains in the plot so conveyed. Upon the death of a joint tenant, the title to the burial plot heretofore held in joint tenancy immediately vests in survivor or survivors, subject to the vested right of interment for the remains of the deceased joint tenant Owner. A vested right of interment as in this rule provided may be waived and shall be terminated upon the interment elsewhere of the remains of a person entitled thereto.

4.    Change of Ownership:  On the decease or transfer of the proprietor of a lot, when the lot is not specifically mentioned in his will, it is the duty of the heirs at law or buyer to notify in writing the Cemetery as to the change of Ownership and their contact information of the remaining burial rights.

5.    Location of Lots:  Location of lots will be in accordance with the Cemetery master plan which is kept on file in the Cemetery office. The corner of each lot and the grave spaces will be laid out by the Cemetery Management. Grade lines of all lots and single graves are established before the lots or graves are sold and will not be changed thereafter.

6.    Exhibits:  Please see Exhibits hereto entitled, DECEDENT’S NEXT OF KIN and SUCCESSION for assistance with succession of Ownership of burial rights.