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
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