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Cemetery Deed

Family Law Discussion Forum

Cemetery Deed

Postby Leman » Fri Jan 22, 2016 6:03 pm

Hi, I live in a rural farm area in Michigan.  I understand that I can establish a family cemetery in Michigan, but am confused about how to do so.  How do I turn my own property into "cemetery property"?  I would like to deed the property to my sons as trustees of my estate.  How do I go about this?  Is there a sample "cemetery deed" I can find online anywhere that will have provisions establishing my land as a family cemetery?  Thank you.

ANSWER: Family graveyards under one acre outside the village or city limits are permissible and exempt from taxation. You must have the permission of the local health department first. Draw a map of the land showing where the graveyard will be and pay to have it recorded with the deed. A good practice is 150 ft. from a water supply and 25 ft. from a power line or neighbor's boundary. That should do it, although any deed wording you want to add will surely be helpful. I have no samples.

Alas, you'll have to pay a funeral director to hide behind the apple tree for a home burial. If you'd like to change that law, e-mail me directly. I'll put you in touch with others -- [email protected]

---------- FOLLOW-UP ----------

Thank you for your help.  Can you give me the pertinent statute citations regarding home burial?  Thanks again.
Leman
 
Posts: 49
Joined: Sun Jan 05, 2014 5:28 pm

Cemetery Deed

Postby Barrlow » Sun Jan 24, 2016 9:51 am

Hi, I live in a rural farm area in Michigan.  I understand that I can establish a family cemetery in Michigan, but am confused about how to do so.  How do I turn my own property into "cemetery property"?  I would like to deed the property to my sons as trustees of my estate.  How do I go about this?  Is there a sample "cemetery deed" I can find online anywhere that will have provisions establishing my land as a family cemetery?  Thank you.

ANSWER: Family graveyards under one acre outside the village or city limits are permissible and exempt from taxation. You must have the permission of the local health department first. Draw a map of the land showing where the graveyard will be and pay to have it recorded with the deed. A good practice is 150 ft. from a water supply and 25 ft. from a power line or neighbor's boundary. That should do it, although any deed wording you want to add will surely be helpful. I have no samples.

Alas, you'll have to pay a funeral director to hide behind the apple tree for a home burial. If you'd like to change that law, e-mail me directly. I'll put you in touch with others -- [email protected]

---------- FOLLOW-UP ----------

Thank you for your help.  Can you give me the pertinent statute citations regarding home burial?  Thanks again.
Barrlow
 
Posts: 26
Joined: Sat Mar 08, 2014 12:26 pm

Cemetery Deed

Postby Olivier » Fri Jan 29, 2016 12:02 am

Here it is, and you were on top of it to wonder how to word it, tho' anything easily understood should work. I'd include the map, too.

128.111 Private burial grounds; laying out; deed.

Sec. 1.

That it shall be lawful for any person or persons in this state to lay out and survey any tract of land not included within the corporate limits of any city or village which may be owned by such person or persons, as a private burial ground for the use of their families or descendants for purposes of interment of members of such families and descendants, and for no other purpose, not exceeding in quantity 1 acre of land, and may make a deed of the same to some person or persons to be named therein as trustees, with such provisions for continuing such trusteeship as they shall deem necessary, which said deed shall be acknowledged by such persons making the same, in the same manner as other deeds of land, and shall be recorded in the county where such land shall lie.  
Olivier
 
Posts: 42
Joined: Tue Jan 14, 2014 6:59 am


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