Cemetery is refusing to honor my Cemetery Deed dimensions

[Rooty1]

My California Cemetery Deed shows my lot measures 24' x 14-1/4'

The cemetery measured it and says my lot is 26' x 11-1/2'

The cemetery is demanding I pay for a survey to prove what my Deed says.

Can that be true?

 

[adjusterjack]

True that they are demanding it? Sure. They can demand anything they want.

Do you have to comply? Of course not.

But if you don't you don't get the discrepancy fixed.

Did you go to the cemetery to measure your lot? Do that. Take a 35' tape measure.

Report back with the result.

 

[Rooty1]

Yes, the lot has been measured and it matches the deed at 24' x 14-1/4'.

 

[quincy]

Are you and the cemetery measuring from the same point?

 

[Rooty1]

Was not present when the cemetery measured, they just gave me their drawing.

 

[Rooty1]

California Health and Safety Code at 8550 provides, in pertinent part, "Every cemetery authority, from time to time as its property may be required for interment purposes, shall:

(a) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions; make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivisions, with descriptive names or numbers.

No code exists whereby lot owners must pay for a survey.

 

[adjusterjack]

California Health and Safety Code at 8550 provides, in pertinent part, "Every cemetery authority, from time to time as its property may be required for interment purposes, shall:

(a) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions; make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivisions, with descriptive names or numbers.

OK, they did that. You don't agree with the results.

No code exists whereby lot owners must pay for a survey.

Yet, to enforce your deed, you will have to incur the cost of a survey and possibly litigation.

Laws don't prevent wrongs, they provide remedies which, unfortunately cost money.

Did you buy a title insurance policy when you bought the plot?

 

[Rooty1]

@ adjusterjack

"...(a) In case of land, SURVEY (emphasis added) and subdivide it..."

You wrote, "OK, they did that."

The cemetery has no survey.

My family purchased this lot in 1965 and I do not believe title insurance was purchased.

 

[zddoodah]

Can that be true?

I'm not sure what "that" refers to:

- That your deed shows that your lot measures 24' x 14-1/4'.
- That the cemetery measured it.
- That the cemetery's measurement shows that the lot is 26' x 11-1/2'.
- That the cemetery is demanding that you pay for a survey.

Yes. All of those things can be true. However, there is absolutely no possibility that a survey could prove (or disprove) what a deed says. The contents of the deed can only be proven by the deed itself (or a copy thereof).

In any event, I doubt the question you asked is what you actually intended to ask, but I'm not entirely sure what your real question is.

I'm also curious why you regard the difference between 24' x 14.25' and 26' x 11.5' to be particularly significant.

Bottom line: If you want to compel the entity that operates the cemetery to recognize that you have a 24' x 14.25' plot, you'll need to persuade that entity that you're right or take legal action. The H&S Code section you cited, which appears in Article 3 of Part 3 of Division 8 of the Code, which relates to the dedication of private cemeteries, has no relevance to your situation.

 

[Rooty1]

@ zddoodah

My question from my original post, "that" refers to:

My California Cemetery Deed shows my lot measures 24' x 14-1/2' (note correction from 14-1/4" to 14-1/2").

The cemetery measured it and says my lot is 26' x 11-1/2'

The cemetery is demanding I pay for a survey to prove what my Deed says.

The difference between 24' x 14-1/2' vs. 26' x 11-1/2' is particularly significant because the average size of a burial plot in the United States is 8 feet long and 2 and a half feet wide.

If the cemetery is able to use their 11-1/2" wide rather than my 14-1/2' wide, they would be able to bury people inside my plot.

This issue was brought before the Cemetery & Funeral Bureau by my father in 2013. An Associate Governmental Program Analyst, Lead Enforcement Analyst, Cemetery & Funeral Bureau in Sacramento who wrote, "There is no California code or statute that allows cemeteries to charge existing plot owners for surveys. The initial survey is done when the section of the cemetery is dedicated for burial purposes and the survey is filed with the Local County Recorder. If there is a discrepancy with the survey on file with the Local County Recorder and the cemetery’s plot maps such a discrepancy needs to be brought to our attention."

As such, I cannot understand why you wrote subject code, "has no relevance to your situation." The cemetery and the county both reported they do not have a survey.

In 2013, my father took the information from Sacramento to the cemetery office and they backed away from requesting we pay for a survey. Dad believed the matter had been resolved however, my father recently passed away, and the new cemetery owners are again requiring my to pay for a survey to prove our Deed.

I will reach out to the State again.

 

[quincy]

Was not present when the cemetery measured, they just gave me their drawing.

Rooty, can you get ahold of an earlier drawing of the cemetery, preferably from 1965 when your family purchased the lot? It sounds to me like the cemetery has done some creative dividing of lots to take 43 square feet from existing lots and reconfigure them to add more lots to the cemetery. A comparison of the drawing you were recently given to one from the time of your purchase could be informative.

 

[Rooty1]

@ quincy

Thank you for the stellar idea. I will ask the cemetery for an earlier drawing.

I agree, looks like they are attempting to reconfigure and add more lots to the cemetery by stealing mine!

 

[quincy]

I see you corrected measurements. So you essentially lost 49 square feet (rather than 43) with the change in dimensions.

I imagine if your lot size is different, other lots have had feet shaved off their dimensions as well. I think it is definitely worth your time to investigate.

 

[Rooty1]

@ quincy

Yes, I made a typo in my original post and was off by 1/4" (sorry!)

Ownership of the cemetery changed from local to a corporation in Florida a couple of years ago. As the cemetery is old, they are running out of room so it is not outside the realm of possibilities that they are shaving lot sizes everywhere they can.

My investigation shall continue; thank you for confirming my suspicion that something is possibly wrong.

 

[quincy]

@ quincy

Yes, I made a typo in my original post and was off by 1/4" (sorry!)

Ownership of the cemetery changed from local to a corporation in Florida a couple of years ago. As the cemetery is old, they are running out of room so it is not outside the realm of possibilities that they are shaving lot sizes everywhere they can.

My investigation shall continue; thank you for confirming my suspicion that something is possibly wrong.

Let us know what you find out, Rooty.