Legal Question in Real Estate Law in Georgia

Cemetery plot taken by another family
On my last visit to the cemetery where my sister was buried, I noticed that the plot next to her, which was to be the 4th plot that my father bought 20 years ago for our family, has been taken by someone who passed away in December 2008. My father bought 4 plots, and his is the first on the row at the far left. My mother will be buried next to him on the right in plot 2, and my sister has been buried in plot 3. I told the cemetery manager about this, and after checking it out, she agreed that I was correct and that our 4th plot has been used. She suggested that our 4th plot be moved to the left of my father, but that would leave it 12 inches from the base of an oak tree, which I feel is way too close. The manager said the cemetery was mapped wrong years ago, and that all the other caskets have been buried correctly. In other words, more plots were sold on that row than space would allow. But I'm not sure that is true. It could be that they just dug the other plots in the wrong space. Do we have any options other than place our 4th plot somewhere else in the cemetery? This is very upsetting to my mother and my surviving sister.
Thanks.

Asked on 3/07/09, 4:43 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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Re: Cemetery plot taken by another family

First, if at all possible, find the contracts and all other documents related to the purchase of the plots. They are important. Then take them to a lawyer, who may be able to resolve it. Keep in mind, as much as it is upsetting to your family, it is going be very upsetting to another family that is probably completely blameless and they could face moving their family member.

Answered on 3/07/09, 4:49 pm

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