cemetary problem

[ftrofcr02]

i live in phx,az. my problem is with a local cemetary. my mom died in 1986 and as a result i bought the 2 plots on the left side of her for the sum of $4096.00. i went to visit my mom some years later and was shocked to find a person occupying one of my plots. i went to the office imediately to ask why someone was buried in my spot that i payed for and upon further inquiries realized they sold it to this womans daughter after selling it to me. they in turn admited thier mistake and said all they could do was give me plots elsewhere. the daughter refused to have her mother moved out of my spot. after battling with the cemetary i gave up with much grief. is there anything i can do to get the plot next to my mom back? this daughter has no sentimental value with my mom. can i make the cemetary move her since i bought the plot first? i have all my paperwork with dates.

 

[I AM ALWAYS LIABLE]

My response:

A cemetary plot is just like any other piece of land. You have a trespasser on your land, and you must deal with it in the same manner. Trespass is an unauthorized or wrongful entry or intrusion onto land owned or occupied by another that disrupts the other’s right to exclusive possession of the land.

You should sue the cemetary and the family of the daughter for Quiet Title, Trespass to Land, Breach of Contract, Breach of Fiduciary Duty, Negligent and Intentional Infliction of Emotional Distress, Nuisance, and Negligence - - among other Causes of Action.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 05-12-2001 at 11:13 PM]

 

[ftrofcr02]

thanks for the reply. so your saying i can get a lawyer and sue the cemetary to get my plot back?

 

[I AM ALWAYS LIABLE]

My response:

That's exactly what I'm saying - - that's the "Quiet Title" part of my response.

Good luck, and let us know how it goes.

IAAL

 

[ftrofcr02]

another cemetary question?

hi again, i was wondering what kind of lawyer i have to get and is there a statue of limitations on this type of problem?

 

[I AM ALWAYS LIABLE]

My response:

Yes, there's a 3 year Limitation period, beginning from the date you first noticed there was a problem.

Well, let's see, you wouldn't call a Personal Injury attorney, or a Corporate attorney, or a Family law attorney, or a Probate attorney . . . hmmm, let's see (he said while scratching his chin).

Oh, I know !

I think I mentioned something to the effect that this was a "land" matter. So, I think the most logical type of attorney to call would be a Real Property attorney.

Good luck to you, Amigo.

IAAL

 

[ftrofcr02]

Thank you.

 

[HomeGuru]

A consumer law attorney could also be of help.

 

[ftrofcr02]

Thank you, too.