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Cemetery is refusing to honor my Cemetery Deed dimensions

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adjusterjack

Senior Member
@@ adjusterjack

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

You wrote, "OK, they did that."
At the risk of being accused of pedantry by my colleagues, In the code, "survey" is a verb.

"Survey" (verb) - to determine and delineate the form, extent, and position of (such as a tract of land) by taking linear and angular measurements and by applying the principles of geometry and trigonometry. (Merriam-Webster).

They've done that, at least once when the cemetery was first created, and likely did it on other occasions "from time to time as its property may be required for interment purposes."

The cemetery has no survey.
You are using the noun form of "survey" which implies a physical object like a piece of paper (a survey report) that can be handed to you, which does not appear to be a requirement of the code that you quoted.

That being said, I hope that the "state" can help resolve the issue for you. If not, you may have to litigate.

By the way, check the county assessor's property records and see if the original plat is available, on the chance that the dimensions are on record.
 
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Rooty1

Member
@ adjusterjack

If, "They've done that, at least once when the cemetery was first created..." then why won't they give me a copy of that?

Land surveying allows you to understand your land boundaries. A survey is performed in order to locate, describe, monument, and map the boundaries and corners of land.

The drawing the cemetery gave me of my lot is nothing more than a rectangle hand drawn on a piece of plain white paper with 26' x 11-1/2' jotted down as dimensions. No boundaries, corners, nor any other reference points are included.

I checked with the county and was told they have nothing to share.
 

quincy

Senior Member
If, "They've done that, at least once when the cemetery was first created..." then why won't they give me a copy of that?

Land surveying allows you to understand your land boundaries. A survey is performed in order to locate, describe, monument, and map the boundaries and corners of land.

The drawing the cemetery gave me of my lot is nothing more than a rectangle hand drawn on a piece of plain white paper with 26' x 11-1/2' jotted down as dimensions. No boundaries, corners, nor any other reference points are included.

I checked with the county and was told they have nothing to share.
When was the cemetery first established, Rooty? There should exist somewhere a map showing all burial plots as they were originally laid out.

Cemetery maps, deeds, and records are kept at the cemetery’s office, which is typically located on the cemetery grounds (but potentially could be located elsewhere). These documents are generally not kept at county clerk offices, which is where you will find records of traditional land deeds.

When I was a young reporter, I was involved in an investigation of a Michigan cemetery that had been accused of both “double selling” plots and of burying bodies on top of other bodies. This apparently is not as rare a practice in this country as one would hope. I also discovered an odd old Michigan township ordinance that allowed ownership of previously purchased cemetery plots to revert back to cemetery ownership if the plots were not used within X (I think it was 40?) years.

At any rate, because of my earlier exposure to a few questionable cemetery practices, I would not be surprised to learn of a cemetery in California trying to make some extra money through reconfiguring lots.
 
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Rooty1

Member
The first burial in this cemetery was in 1852.

According to the county, "The cemetery records a cemetery map, but that does not include individual plots owners, it’s usually a new area where the cemetery will have plots in the future. If you looking for a map or a survey for your individual plot, we do not record that type of record."

I have a parcel map that shows my section. While it looks like plots are 3' x 9', I own a much larger undivided lot. No lot dimensions are provided.
 

quincy

Senior Member
The first burial in this cemetery was in 1852.

According to the county, "The cemetery records a cemetery map, but that does not include individual plots owners, it’s usually a new area where the cemetery will have plots in the future. If you looking for a map or a survey for your individual plot, we do not record that type of record."

I have a parcel map that shows my section. While it looks like plots are 3' x 9', I own a much larger undivided lot. No lot dimensions are provided.
Right. The county generally does not keep those records. They are held by the cemetery. The maps held by the cemetery should show where the plots are located in the cemetery and the cemetery records will show the particulars (e.g., size, owner of unoccupied plot, “resident” of occupied plot, maintenance fees and how paid, etc).
That disclaimer is boilerplate on every plat, Jimmy. LOL
Jimmy? Am I missing a reference here?
 

Foamback

Active Member
What exactly is the concern? Is there still room? Over the years, besides nefarious reasons, cemeteries screwed up in placing and creating plots plenty of times. The first thing done in preparation to bury my dad was to probe the area with thin metal poles to make sure it was clear.

What exactly does the OP wish to be done
 

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