Califquest
Junior Member
What is the name of your state (only U.S. law)?
California
My husband and I purchased two Lawn Crypts in 1988 from a sizeable private cemetery. The crypts were for pre-developed property to be assigned ten years from the Agreement date. The Name, section, plot number and level are listed on the Agreement.
The final payment was completed in 1993. We had moved a few times since the final payment was completed and I’m sure we did not inform the cemetery of any forwarding address. It’s possible a copy of the Deed was mailed and we either did not receive or misplaced it.
In 2015 we attended a funeral at the cemetery and decided to inquire about the plots since we had no documentation proving ownership. The cemetery provided a ‘Duplicate Deed’ for $50, a ‘barely readable’ copy of the initial Agreement and a map with directions to the lawn crypts.
We could not find the section name listed on the Agreement. A staff person directed us to area, but did not know why the section wasn’t marked. The crypts were in a small area on the third level which looked fairly new with several vacancies. Markers identifying our plot numbers were the only items in the area.
Over 400 pre-developed plots were designated in the area assigned and ours plot# 134. We expected the plots to be in a large crowded area with very few vacancies, since they were assigned by 1998.
We took pictures of the area to follow-up later, but unfortunately my husband passed away 5 months later and was cremated.
I recently came across the ‘Deed’ and realized it was not a copy of the actual Deed, but a Duplicate Deed Form dated 2015, the day we purchased it. It didn’t have the effective or purchase dates, Registration identifying map/page numbers or other info expected to be on a property Deed.
The Cemetery Reps responses to my questions were not clear. They were anxious to show me the crypt locations, but not to let me see the actual file with the paperwork.
I finally requested in writing copies of the Agreement, Plot Plan filed at County Registrar Recorder and Certificate of Ownership/Deed in their Cemetery Record Book. I wanted these documents for my records and for verification should I decide to re-sell the crypts.
It’s been two weeks and the cemetery has not returned my e-mails or calls.
If the Cemetery has a record of attempts (cert. returned mail) to contact us with no response is the property considered abandoned? If there was a valid reason to move or modify the property are they authorized to do this due to our lack of contact with cemetery?
California
My husband and I purchased two Lawn Crypts in 1988 from a sizeable private cemetery. The crypts were for pre-developed property to be assigned ten years from the Agreement date. The Name, section, plot number and level are listed on the Agreement.
The final payment was completed in 1993. We had moved a few times since the final payment was completed and I’m sure we did not inform the cemetery of any forwarding address. It’s possible a copy of the Deed was mailed and we either did not receive or misplaced it.
In 2015 we attended a funeral at the cemetery and decided to inquire about the plots since we had no documentation proving ownership. The cemetery provided a ‘Duplicate Deed’ for $50, a ‘barely readable’ copy of the initial Agreement and a map with directions to the lawn crypts.
We could not find the section name listed on the Agreement. A staff person directed us to area, but did not know why the section wasn’t marked. The crypts were in a small area on the third level which looked fairly new with several vacancies. Markers identifying our plot numbers were the only items in the area.
Over 400 pre-developed plots were designated in the area assigned and ours plot# 134. We expected the plots to be in a large crowded area with very few vacancies, since they were assigned by 1998.
We took pictures of the area to follow-up later, but unfortunately my husband passed away 5 months later and was cremated.
I recently came across the ‘Deed’ and realized it was not a copy of the actual Deed, but a Duplicate Deed Form dated 2015, the day we purchased it. It didn’t have the effective or purchase dates, Registration identifying map/page numbers or other info expected to be on a property Deed.
The Cemetery Reps responses to my questions were not clear. They were anxious to show me the crypt locations, but not to let me see the actual file with the paperwork.
I finally requested in writing copies of the Agreement, Plot Plan filed at County Registrar Recorder and Certificate of Ownership/Deed in their Cemetery Record Book. I wanted these documents for my records and for verification should I decide to re-sell the crypts.
It’s been two weeks and the cemetery has not returned my e-mails or calls.
If the Cemetery has a record of attempts (cert. returned mail) to contact us with no response is the property considered abandoned? If there was a valid reason to move or modify the property are they authorized to do this due to our lack of contact with cemetery?