第一次埋葬改变了一块土地.

Once dedicated as a cemetery, the land becomes frozen in time, unable to be developed. The property owners cannot desecrate or change the land in a way that disturbs interred remains. 而不是, the property owners are sort of like trustees holding the property for the benefit of those people buried or entitled to be buried in the property. 因此,业主必须允许家庭成员进入场地.

这听起来像是墓地故事的结局. But there’s more involved if your clients are buying or selling property with at least one grave on it.

2018 德州2021十大正规彩票app经纪人® Chairman Kaki Lybbert bought and co-owns a cemetery in Grand Prairie and is knowledgeable about cemetery issues. 2014 德州2021十大正规彩票app经纪人®主席Dan Hatfield专注于农场 & 农场财产,并出售了带有墓地的土地. 这是他们学到的处理最后安息地的信息.

对卖家

大多数时候,这个问题与农场有关 & 牧场财产——大片的土地上可能有古老的宅基地, 那些老宅院可能有墓地.

哈特菲尔德表示:“对于卖家来说,规则是披露、披露、再披露. “如果你有墓地, 不管它有多老, 你需要向购买它的人披露任何相关信息. 如果有人要求看坟墓,就通知他们, 因为买家需要给他的家人许可才能进入.”

墓地经常出现在财产调查中. Many cemeteries—even small ones—appear in online databases such as findagrave.Com和十亿坟墓.利伯特说.

对于卖家来说,规则是披露、披露、再披露. 如果你有墓地的话, 不管它有多老, 你需要向购买它的人披露任何相关信息.
——丹·哈特菲尔德

Sometimes, property owners are surprised to learn there’s a cemetery on-site. Perhaps the owner hired someone with a bulldozer to clear brush and the bulldozer operator accidentally damaged a hidden burial site. 哈特菲尔德说,在这种情况下,所有者可能会面临法律责任.

“没有什么能阻止你被起诉, 但至少如果你的当事人对此一无所知的话, 推土机的操作员也不知道, 他们的证词可以帮助他们为自己辩护,他说.

通常, the first thing property owners do when they find a cemetery—or when buyers purchase property with a cemetery—is to fence it off. This keeps farm animals from getting in and damaging the graves, Hatfield 说s.

也许不会永远……?

这是移除墓地或将其用于其他用途的唯一方法, 根据德州健康与安全法第711条, is to have the cemetery dedication removed by a district court or if the cemetery is enjoined or abated as a nuisance.

“It is a real process to relocate graves: you need to contact all of the survivors, 张贴通知, 把坟墓移走,搬到另一个墓地, 在其他任务中. 对于个人土地所有者, 你不会真的这么做,丹·哈特菲尔德说, adding the only time it happens is when there’s a project large enough to undertake the effort.

业主也可以通过, 说, 割草, 但他们并没有被要求这样做. 无论你的客户做什么,他们都不能拆除或摧毁坟墓. There are several offenses described in Sections 28 and 42 of the Texas Penal Code related to disturbing and damaging human burial sites that are punishable by fines and jail time.

买家

Hatfield recommends that buyers learn everything they possibly can about the cemetery because they will have to grant access to the graves. “Understand who the relatives are … how often they come out there … does the family do an annual pilgrimage to the site?”

Cemeteries are not considered a benefit to a property buyer since you cannot develop that land. “It’s not a positive unless you are into Halloween or something,” Lybbert jokes.

也就是说, 在一处房产上有一个墓地在大多数情况下并不会破坏交易, according to Hatfield—just so long as everyone gets all the information they need and understands what’s required of them.

“95%的交易, 世界上没有任何问题, 大多数人都很尊重我. 没什么大不了的. 对于那5%想要无限访问网站和其他一切的人, 你应该知道你的权利是什么. Be very aware that there are burdens that go along with what you have to deal with.”

There are buyers who purchase properties with cemeteries to get into the cemetery business, Lybbert说. 除了卖地, 墓地所有者可以通过提供葬礼来赚钱, 骨灰盒, 纪念碑, 葬礼帐篷, 以及其他与仪式有关的服务.

Even a small, 6-acre cemetery like the one Lybbert owns has a lot of capacity. “你认为有43个,一英亩有一千平方英尺, 一个墓地大约是3英尺乘10英尺,43英尺,000平方英尺除以30,那是很多地方, even though it’s a very old cemetery and we’ve got graves dating back to the 1870s.”

数据访问权限

When it comes to cemeteries, can anyone be buried there, or is it only for a certain family? There are differences between public and private cemeteries a property owner or prospective buyer should know about.

Public cemeteries allow anyone to be buried there and typically have a dedicated public access by easement. Maybe the public has its own entrance to the site, or the cemetery is accessible from a public road.

Private cemeteries could be small family plots in the interior of large tracts of land. 在这种情况下, state law requires the landowner to allow access to the cemetery during reasonable hours. There are provisions outlined in Section 711 of the Texas Health and Safety Code related to allowing access.

The cemetery could be carved out of the property if the cemetery can be accessed from a road. Most of the time, the cemetery is in the interior of the property, Kaki Lybbert说.