Legal Implications and Options for a Cemetery on Property After Foreclosure

When a bank forecloses on a property and the land happens to contain a cemetery, the new owners face a daunting legal and ethical dilemma. Laws vary by jurisdiction, making the process complex and often costly. This article delves into the legal implications and provides practical guidance for owners and potential new owners.

Legal Jurisdiction

Legal protocols for dealing with cemeteries on foreclosed properties are not universal. Typically, exhumations and reinterments require professional archaeologists, surveyors, and tight security. Obtaining such an order can be an expensive legal nightmare. Even if approved, the process must be meticulously managed and adhered to.

In more civilized countries, the best approach is often to leave the cemetery "as is" and grant public access on a set number of days per year. However, in less developed regions, might can sometimes make right. Here, the new owner might bulldoze the site, destroy the memorials, and then use lawyers and bribes to cover up the transgression after the fact.

Legal Ownership and Right to Move Bodies

The original owners usually retain the rights to relocate the bodies if they are relatives. However, once the foreclosure is completed, the new owners lose these rights. The bank might grant permission to move the bodies, but it's best to start the process well before the foreclosure completion date. This simplifies the property's sale and helps ensure it is presented without a cemetery or bodies.

Many people used to think keeping a cemetery was ideal for ensuring a family legacy. However, times have changed. Younger generations may prefer to live elsewhere or cannot afford the upkeep. Also, visits to grave sites are less common in contemporary society. If moved, the property can be marketed more easily, enhancing its market value.

Steps to Follow Before Foreclosure

To avoid legal and financial pitfalls, here are steps to consider:

Contact the county and funeral home to understand the relocation process and obtain an estimate. Engage legal counsel experienced in real estate and funerary law to guide you through the process. Document the current state of the cemetery with pictures and detailed notes, to be shared with potential new owners or future heirs.

In some cases, moving the bodies might not be affordable. In such situations, memorializing the deceased with photographs and visits to the site while you can remains a humane and respectful way to show love and appreciation.

Conclusion

Dealing with a cemetery on a foreclosed property is a significant challenge. By understanding your rights and the legal implications, you can make informed decisions that respect both the law and the wishes of the deceased and their families.