Legal Question in Real Estate Law in New York
Burial plot sold previously to someone else
We buried my father-in-law in a local cemetary in April. In August the
cemetary assn secretary informed us we had to reinter him in another
plot one row back because they had sold the plot 5 years ago to someone else but had not recorded it. We have a receipt and a notarized deed that says our ownership was officially recorded in their master records. We have a headstone which was supposed to be placed in June, but the cemetary had not gotten around to installing it.
We have no interest in suing for any damages, but we don't want to be bullied into moving the remains if we are entitled to the plot. The other supposed owners have several plots in a row (ours being the end), with only one of them currently buried. The cemetary assn says there are plots in the next row back (if they can be believed), so the other family could still have their plots connected if they chose a replacement plot. We believe it would be much less inconvenience to the other family to take a deed for another plot.
What are legal precedents for this situation? Are we entitled to keep this plot? Can they force us to reinter?
1 Answer from Attorneys
Re: Burial plot sold previously to someone else
To answer your question regarding the legal precedents would require several hours of research. However, absent that, it is probably the case that 1) they cannot force you to reinter your loved one's remains as you have a deed and the other "owner" most likely does not (as you say, the cemetary "forgot" to file). The rule is generally "first in time is first in line" as to ownership of disputed property where there has been (at least one) deed filed. A more comprehensive answer and strategy would require billable hours.
Hope this helps.
John Friedman
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