Hi from drizzly California,
In our state when title to land fails for want of an heir or next of kin, it
REVERTS TO THE PUBLIC. The state says that all land must be owned by
someone. If not an individual, then by the government. California
Government Code Sec. 182.
Doesn't Indiana have a similar statute to establish title to these types of
lands where the title has failed (ie churches that walk away, etc.)?
Somebody should try to find this out!
Sue Silver
----- Original Message -----
From: "jon andrews" <sianoil(a)hotmail.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Saturday, December 29, 2001 11:52 AM
Subject: Re: [INPCRP] Wheres the Cemetery?
Jack:
You and I are pretty much on the same page, except I don't really think
the
term "no man's land" is quite the way to describe it.
That to me sounds
like
the term abandoned, which for all practical purposes, I and the
State,
namely the DNR, don't agree on the definition of. I know what you are
trying
to say, but someone, somewhere, does own that hole in the property
(township, county, heir, etc) and depending on the case they may very well
still have a right to the access to it. Access does not have to
continually
used to maintain it, just for it to be taken away. It's just a
good
example
of how screwed up things are. In my opinion, it all goes back to the
law
which states that all cemeteries before 1939 have to be recorded. In
essence, if they are not they do not exist. Well, whose obligation is this
or was it to document these. I think the county has or had some obligation
to protect the landowner's rights along with the rights owned by the
inhabitants of the cemeteries or their heirs.
Jon
>From: Jb502000(a)aol.com
>Reply-To: INPCRP-L(a)rootsweb.com
>To: INPCRP-L(a)rootsweb.com
>Subject: Re: [INPCRP] Wheres the Cemetery?
>Date: Sat, 29 Dec 2001 12:38:16 EST
>
>In a message dated 12/29/01 9:04:51 AM US Eastern Standard Time,
>cherokee(a)shelbynet.net writes:
>
>
> > I said, suppose you & I wanted to go see this cemetery, we would get
in
>a
> > car and drive out to there. Since this particular one is in the
middle
>of
> > a wooded area back up off the road, we would first have to stop and
ask
> > someone, THIS LANDOWNER, where it was, get his permission
to go there
>and
> > be given access by car to it, all by him. So in the REAL WORLD, he
OWNS
> > the cemetery.
> >
> >
>Cris,
> First, the Auditor is not required by Law to put any kind of Notice on
>Deeds
>containing Graveyards, at least I, and the Floyd Co. Auditor can't find
it.
>I'm sure you feel like I do that it should be in the Law, but
it's not.
>This
>is done only on any New Property Transfers since the Law took effect, and
>is
>the Responsibility of the Poor Seller to know the Law. You would think it
>would require Attorneys drawing up the Deeds to make sure this wording
was
>placed on the Deed, but it doesn't read that way.
>
> Now, concerning the Excerpt above from your message;
> First he doesn't own the Cemetery Per Se. He owns the
surrounding
>property, which you need permission to cross to obtain Access to
the
>Cemetery
>so that you are not guilty of Trespassing. (I know it's not his Cemetery,
>but
>unless you go in by Helicopter you need His or Her permission to get
there)
>With an Exception, regardless of how an attorney interprets it,
the
>Exception
>removes the Cemetery from the Parcel and does not transfer ownership to
the
>New Purchasers. In fact it specifically Denies them Ownership of
the
>graveyard. It is a Veritable No Mans Land since it is no longer used for
>Burials, and the Access Rd., where ever it was is no longer Available for
>Ingress and Egress for individuals to Traverse You may find some
cemeteries
>have a right of way described with the description of the
cemetery. But
>Most
>don't.
> In Plain and Simple Language the Property owner(s) have a Hole
>in
>their Property that Legally they cannot use, nor are they required to
>maintain it. There are certain restrictions as to what they may or may
not
>do. But according to the IC Law the Deed must have this Graveyard
mentioned
>across the Front page in Bold Letters stating that this Property
contains
a
>Burial Ground or Cemetery. Also the old or New owners may pay
Taxes on
the
>Cemetery, but even if they do now, or have in the past, with the
Exception
>on
>the Deed, paying of Taxes does not give them the rights of Ownership of
the
>Excepted Cemetery Plot. In other words in plain and simple
language they
>have
>a Hole in their Parcel of Land. Most owners believe also, that since it
is
>not on their Deed as a Cemetery, the ground is theirs. If anyone
can go
>back
>and find the first mention of the Graveyard, then it makes no difference
if
>it is on the present Deed or not. Once it is mentioned it remains
forever
a
>Graveyard. All you need is a copy of first mention of Exception.
Also as
to
>the wording on the Deed about the cemetery, if the Seller Fails
to do
this,
>then they become responsible for any expenses incurred by the
Purchaser
>concerning the cemetery. If any one disagrees with me, please feel free
to
>correct me. Friendly discussions are beneficial to all of us. I
may have
>misquoted something and stand to be corrected.
>
>Jack E. Briles, Sr.
>jb502000(a)aol.com
>Floyd County INPCRP Coordinator
>PO Box 444
>New Albany, In. 47151-0444
>(812) 282-6585
>
>
>
>
>==== INPCRP Mailing List ====
>Blessed are the Elderly, for they remember what we will never know.
>
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