• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

undisclosed cemetery on property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I AM ALWAYS LIABLE

Senior Member
rinakay said:
Why does it matter? Why does it matter? TN law says that he has to disclose that to us ( I just looked it up) I do not want to live in a cemetery? Do you? We would not have bought this house if we had known that. One reason being is that it reduces the property value which will hurt us in resale since we by law will have to disclose that to the next owners when we decide to sell. It also matters because I can't even put in a sidewalk to my front door without digging up someone's Grandma! We purchased this home to get a good return on our money. We have put time and money into doing improvements to increase the property value. We saw it as a good financial opportunity. We did the same with our previous home and did quite well with it. By this information not being disclosed to us we feel that it has hurt the financial potential that this piece of property has to offer.

My response:

"I feel", "I feel", "I feel". I don't want to know your "feelings". I want to know the law to which you are referring! That's what I want to know.

We all live on burial grounds. At some point in history, whether it be prehistoric man, or Indian ground, or the recent past, there's a "person" or more buried under everyone's home or other property.

So, how old does a burial plot have to be before you stop paying attention to it? 20 years? 30? 50? 100? Prehistoric?

You bought a home, and the burial plot does nothing to detract from the home itself. Oh, and as for the walkway, since when do you have to dig 6 feet down to lay concrete?

IAAL
 


rinakay

Junior Member
The law I am refering to is the Tennessee Residential Property Disclosure Law. We don't have to dig 6 feet down to lay concrete. There is a hill (the cemetery) that has to be leveled to pour the driveway. In the early to mid 1800's when the bodies were buried there, they were typically only buried about 2-3 feet below ground level- not 6 which would put them level with my front door.
 

BelizeBreeze

Senior Member
The Seller is not liable for an error or omission in the Disclosure if:

(1) The error or omission was not within the actual knowledge of the Seller or was based on information provided by a public agency, or the report of an Inspector such as a Professional Home Inspector;

(2) The Seller was not grossly negligent in obtaining the information.

Now, all you have to do is prove the seller KNEW there was a burial ground there. Since it's been there for more than 100 years, How are you going to do that?
 
I AM ALWAYS LIABLE said:
My response:

Neither of those States have Daniel Boone. Daniel Boone was buried at the Alamo, in Texas, where he was killed by them damn Mexicans - - who, by the way, were illegal aliens.

IAAL
I believe that you are thinking of Davy Crockett.
 

BelizeBreeze

Senior Member
ENOUGH!!!!!!!!!!!,
signed Daniel Boone

Daniel Boone suffered similar body-snatching shenanigans as did Will Rogers and Chief Sitting Bull, but with a twist: He appears to have ended up in two graves.

Historians agree that Boone died at his son's home near Defiance, Missouri, in 1820. History also agrees that he was buried nearby in Marthasville (about 14 mi. west), near the grave of his wife, Rebecca. But then the story gets muddled. The folks in Frankfort, Kentucky, would have you believe that Rebecca and Daniel were exhumed 25 years later and reinterred in Frankfort Cemetery. The marker near Defiance mentions the reinterment, but...

According to Defiance, Frankfort dug up the wrong body. The grave next to Rebecca's was already occupied when Daniel died, they say, so he was buried at her feet. Daniel's relatives were angry at Frankfort and didn't tell them about his true burial plot. They let Frankfort cart away the body next to Rebecca's, the body of a stranger.

Scientific scrutiny seems to support Defiance's claims. A forensic anthropologist studied a plaster cast of the skull in Frankfort's "Daniel Boone" grave in 1983 and said that it really belonged to a large black man. Frankfort, of course, pooh-poohed those allegations.

"Davey Crockett and five or six others were captured when the Mexican troops took the Alamo at about six o'clock that morning, even though Santa Anna had ordered that no prisoners be taken.

The general, infuriated when some of his officers brought the Americans before him to try to intercede for their lives, ordered them executed immediately. They were bayoneted and then shot. Crockett's reputation and that of the other survivors was not, as some have suggested, sullied by their capture. Their dignity and bravery was, in fact, further underscored by Peña's recounting that "these unfortunates died without complaining and without humiliating themselves before their torturers."

From diary of Lt. José Enrique de la Peña. Susanna Dickinson,qv wife of Almaron Dickinson,qv an officer at the Alamo, 1975

Coincidentally, a work mostly of fiction masquerading as fact had put the truth of Crockett's death before the American public in the summer of 1836. Despite its many falsifications and plagiarisms, Richard Penn Smith's Col. Crockett's Exploits and Adventures in Texas...Written by Himself had a reasonably accurate account of Crockett's capture and execution.
 

rinakay

Junior Member
The seller's family has owned this land for 75 years. He grew up here. If he says he didn't know about it how can I prove that he did? Would I have to have a picture of the cemetery during his lifetime? One of his relatives told us that he was the one that removed the headstones and threw them in the pond next door in 1978. Would that person's testimony mean anything or do I need concrete evidence?
 

BelizeBreeze

Senior Member
These are questions of fact for a judge to determine.

Look at the bright side, at least you have a group of friends already built-in :D
 

maryks

Member
Sorry, I mistakenly said Boone was buried in MO and TN... it was actually MO and Kentucky, I believe.

Enough about that.

Like I've said, I'm not an attorney, but I do like history, and I would enjoy owning a home with that kind of legends... might even make up some of my own and capitalize on them.

If you have to prove that he knew about it, you just need to do more research. See if there are old pictures at the historical society or in the local newspapers. If you have a college in the area, check with their historians and archivists, too. Check on the other things listed earlier as possible proofs either that a cemetary really exists there or that the previous owner knew it was. If the research seems overwhelming and you're this serious, make it some local school class' Halloween project, then give the ones who find the most info a weiner roast at the site of the cemetary on halloween or something for their efforts. They'd love it, you'd get free work, and the teachers could develop it into a great research project about some local history.

Really though, first, call an appraiser and real estate agents and ask them what disclosure of a cemetary might do to the value of the house. Also find out if you truly have to disclose the info since you have no concrete evidence (ie gravestones). If you don't, and the value of the property would go down if you knew for sure, put the driveway somewhere else and ask no questions.
 
Last edited:

maryks

Member
A friend of mine says to check with your local health department on the matter as well, as there could be health issues depending on what the people died of.
 

I AM ALWAYS LIABLE

Senior Member
maryks said:
A friend of mine says to check with your local health department on the matter as well, as there could be health issues depending on what the people died of.

My response:

Then you and your friend are boobs like our writer. Our writer said these people were buried in the mid 1800's. How much disease do you think has survived?

Oh, please . . .

IAAL
 

rmet4nzkx

Senior Member
Pull the tomestones from the pond and you will have some interesting pavers. I lived in a town once where a cemetary was relocated and the stones discarded, a local establishment owner, turned them over and used them as steps.

Have the archeologist scan the plot and remove the remains if any. Problem solved, but they may want the tomestones as well.
 

rinakay

Junior Member
This is directed to I AM LIABLE
If you think this is a useless thread and you think I am such a boob then please disconcern yourself from this topic and move on. For someone who thinks this is pointless, you sure have a lot to say
Now for everyone else:
I have contacted the bank who holds my mortgage as well as the title company. From what I understand, the Title company is going to buy our house back from us for the purchase price and then sue the previous owner. That is what title insurance is for.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top