You said,
"This is a deeded Cemetery, dating from 1847. If >> a Cemetery has a deed
or an EXCEPTION on the property deed, no taxes are >> due or payable by
anyone."
Jack,
I don't know if those rules apply here.
In this particular situation, the person who held the original land grant
conveyed to trustees of a church 1 1/2 acres and sixteen square rods. Part
of the land was used for a church, and beside the church a cemetery was
established. This occurred about 150 years ago. In the 1920's an
adjoining parcel was given by more original land grantees (and their heirs)
to the trustees of the cemetery (not the church) for an addition. The
records of the early trustees are not among the cemetery documents. In the
1920's a cemetery association was set up pursuant to orders of the county
commissioners.
When the church was no longer used, the county sold it for taxes. The land
description was ambiguous, but it did mention 1.6 acres. The new owner of
the church property appears to believe his new purchase includes the
original plot of the cemetery. There was no survey done. No taxes have
yet been sought on the addition.
So the problem for me is, even though the county COULDN'T sell the
cemetery, I fear it MAY HAVE. Does the COULDN'T nullify the POSSIBLY DID?
Sharon
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