Legal Question in Real Estate Law in Illinois

What is the legal consequence of signing a cemetery deed and returning it to the cemetery which was the original grantor?

I am the legal owner of 6 cemetery plots that were original bought by my grandfather in 1927 (Illinois). The original deed is in my strong box. Now the cemetery is requiring that I sign and date a copy of the deed (at first the cemetery wanted the original) and return it to them. In 1993, according to family records, the cemetery had required my uncle to sign a "Certificate of Lost Deed" because he refused to hand over the original deed when his sister was buried in one of the graves. Now that uncle has passed away, and the family wishes to bury him in another of the 6 plots. The cemetery is holding up the burial until it receives the signed deed or a signed copy thereof.


Asked on 3/22/10, 3:18 pm

1 Answer from Attorneys
Caroline Palmer Law firm of Caroline Palmer

The problem with turning over an original copy of anything is that the person you hand it over could claim that you intended to give them the property attached to the deed. My guess in this case is that the cemetery wants to be sure that you are the proper owners of the plot you want to use. Make sure you hand over a copy only to the cemetery, and my advice is to make sure the copy is marked as a copy in some way to avoid them later claiming that you and your family have given up your rights to the property.

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Answered on 3/27/10, 3:45 pm


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