How Cemetery Plot Rights Work
When a family purchases a cemetery plot, they are not buying the land itself. They are purchasing the interment rights (or burial rights) to that specific piece of land. The cemetery always retains ownership and control over the physical property.
The Legal Distinction
- Cemetery Ownership: The cemetery holds the deed to the entire tract of land. This allows them to enforce rules, manage perpetual care, and maintain the grounds without interference.
- Interment Rights: The family receives a deed or certificate granting them the exclusive, permanent right to decide who is buried or interred in that specific plot and the right to memorialize the grave (according to cemetery rules).
The Importance of the Deed
The certificate of interment rights is the most important document:
- Authorization: It names the owner(s) of the rights and is required to authorize the opening of the grave for any future burial.
- Transfer: It dictates how the rights can be transferred or inherited. If the owner dies without a plan, the rights pass through their estate, often subject to state intestacy laws.
Rights and Restrictions
| Rights Granted to Plot Owner | Restrictions Imposed by Cemetery |
|---|---|
| Exclusive Use: You control who is buried in the plot. | Rules Enforcement: You must follow all rules on height, material, and decoration. |
| Memorialization: You have the right to place a marker. | No Construction: You cannot erect fences, curbs, or other permanent structures. |
| Visitation: You have the right to visit the grave. | No Resale: You generally cannot sell the plot on the open market. |
The key takeaway is that purchasing a plot is a purchase of usage rights in perpetuity, not ownership of the physical property.