MARILYN THE BEST TOOL THAT I HAVE FOUND IS A GOOD OLD FASHION PITCHFORK. GOOD FOR DEPTHS OF 6 INCHES OR LESS WITHOUT "FINDING" CASKETS. WAYNE

My apologies to Jack and the list. I thought I was responding directly to him. Sue Silver ----- Original Message ----- From: <Jb502000@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Wednesday, February 06, 2002 6:41 PM Subject: Re: [INPCRP] "Adverse possession" > > > > ==== INPCRP Mailing List ==== > If we cannot respect the dead, how can we respect the living? > >

Jack, Was this your comment or is this you're quitting? Sue ----- Original Message ----- From: <Jb502000@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Wednesday, February 06, 2002 6:41 PM Subject: Re: [INPCRP] "Adverse possession" > > > > ==== INPCRP Mailing List ==== > If we cannot respect the dead, how can we respect the living? > >

Hi again, We've had the discussion about the term 'abandoned cemetery' previously, so I understand how this bothers a lot of people. However, we were talking about 'adverse possession' which is a legal term and so the term 'abandoned cemetery', which is the legal term for a cemetery with no clear title, was used. It is not meant to infer that a cemetery is uncared for. Many cemeteries all over the U.S. are *abandoned* (legal term). This means the owner (if a person) died and did not leave the cemetery to anyone in a will, and the courts did not probate it (give it to someone). Or that the owner (a corporation--nonprofit or otherwise) went belly up and did not *quit claim deed* the cemetery over *legally* to someone else. The cemetery is legally *abandoned*. Andi ----- Original Message ----- From: "Richard Kimball" <richkmball@hotmail.com> To: <INPCRP-L@rootsweb.com> Sent: Monday, February 04, 2002 10:05 PM Subject: Re: [INPCRP] "Adverse possession" > The term "abandoned cemetery" somehow bothers me. In fact, the definition of > abandoned by the State of Indiana in their code as it refers to property, > etc. and especially by the IDNR with respect to cemeteries, coal mines, oil > wells, etc. bothers me. They seem to believe that if no one is using it or > operating it or tending to it, it is termed abandoned even though there > might be taxes paid on it, bonds covering it or in general an intent to > return to use it. In my opinion, abandon means to walk off and leave it for > someone else's benefit. Hardly the case for a cemetery. Those poor souls who > are buried there did so with eternity in mind and they damn sure aren't > going to walk off and leave it, especially for someone else. That is, if > dead people have rights. We know, on occassion, they do in fact vote. Unlike > personal property, all real property is owned by someone, somewhere, somehow > and the State has procedures for one to transfer or claim that property to > another. The term "no-man's land" is a misnomer. With regard to unattended > cemeteries, there seems to be some confusion between the term abandoned and > neglect. If the bodies are still present, I don't know how it could be > termed abandoned. > Rich Kimball

In a message dated 2/6/02 12:55:40 AM US Eastern Standard Time, sianoil@hotmail.com writes: > PROBING CAN BE CONSIDERED ILLEGAL. > JON ANDREWS > > > Jon, A simple Letter signed by the Trustee makes it Legal to probe and recover missing pieces of headstones You are working under his Authority. He is authorized to do that, but will not do it, Him or Her self. Uncover them, photograph them,and make notes, and use a stake with a Large Sharpie with waterproof ink to note the name. Don't move them until ready for repairs. I know you know all of this, but others don't. To be safe get Signed Permission !! Jack Briles

In a message dated 2/5/02 9:24:06 AM US Eastern Standard Time, Pride1jw@aol.com writes: > At the Madison cemetery workshop (well attended and well presented), the > fact > that "dead people don't vote" was an issue raised that tends to put > cemetery > preservation on the bottom of the list with politicians, Ruth, For 3 years we have been handed the most worthless cemetery laws I have ever seen. They are not worth Disscussing. You have to see the violation, you have to turn it in to the Prosecutor, and then you have to try to talk him into doing something. I recieved a letter telling me the DNR and DHPA are not law enforcement agencies. Spotlight a Deer and then tell me that. A conservation Officer will go out and investigate a cemetery problem when he can, but he won't meet you there. I guess they don't want you to influnce his judgement You could build a house next to the cemetery before they get back with you, so that you can contact the prosecutor. Believe me, with 4 murder cases going on in Floyd County right now, and one an Ex State Trooper you would be as welcome as the Plague. It would be like throwing Gas on a roaring fire. He has his hands full feeding the Johnson Co. Jurors and taking them back and forth to the Holiday Inn. Our cemeteries are free of Prosecution this year no matter what Laws are passed (Laws or LAW) When you get your car stuck in the mud, you don't just sit and spin your wheels till the tires are gone. I for one am ready to quit. Good luck to you all ?? Jack Briles Floyd County

>From: "MARILYN J MURRAY" <marilynjomurray@PRODIGY.NET> >Reply-To: INPCRP-L@rootsweb.com >To: INPCRP-L@rootsweb.com >Subject: [INPCRP] FINDING SUNKEN HEADSTONES >Date: Tue, 5 Feb 2002 11:49:04 -0800 > >HELLO, >PLEASE DO NOT FEEL OFFENDED BY THE BIG PRINT FOR I HAVE EYE >PROBLEMS.....THANKS. > >I AM NEW TO THE LISTING BUT I HAVE BEEN TRYING TO FIND >SOME INFORMATION ON WHAT TYPE OF "TOOL" CAN BE USED >TO FIND OLD HEADSTONES BURIED UNDER THE EARTH???? > >I HAVE SEEN ON THE INTERNET MENTIONING A TERM LIKE: >"PROBE OR PROBING FOR OLD HEADSTONES."-----??? >WHAT ALL DOES THIS MEAN IN TERMS OF WHAT ARE THEY >USING TO "PROBE-WITH"?? > >MY PROBLEM IS MOST OF THE FLAT HEADSTONES IN THE >CEMETERY WHERE MY PIONEER RELATIVES ARE BURIED-- >MOST OF THEM ARE UNDER THE EARTH (AND QUIT A FEW >ARE MISSING DUE TO VANDELISM & BROKEN & ECT.) >THE GRAVE YARD HOLDS ABOUT 800+ PEOPLE >AND ABOUT 70% OF THE HEADSTONES HAS THIS >PROBLEM (SUNKEN). >LORD KNOWS HOW BAD THE "UPRIGHT HEADSTONES >" HAVE SUNKEN," ALSO?? > >COULD SOMEONE EXPLAIN TO ME WHAT TYPE OF EQUIPMENT >OR TOOLS CAN BE USED NOW A DAYS FOR THIS TYPE OF PROBLEM. > >PLEASE, PLEASE, THIS HAS BEEN GOING ON IN MY MIND >FOR A LONG TIME NOW AND EVERYONE I HAVE GOT IN >TOUCH WITH CAN NOT HELP WITH SUNKEN HEADSTONES. >THE YEAR 2002 AND NO TOOLING OR EQUIPMENT?? > >THANKS FOR YOUR TIME, >MARILYNJO MURRAY >EVERETT, WASHINGTON > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >==== INPCRP Mailing List ==== >This list is for discussion of topics related to the Indiana Pioneer >Cemeteries Restoration Project only. > IF YOU'RE JUST LOOKING A SHORT DISTANCE 8-10" UNDER THE GROUND, GET YOURSELF A PITCHFORK. I FIND THAT IT WORKS BEST, AS YOU CAN COVER MORE GROUND. A PROBE IS BASICALLY A 3/8"+- ROD HOWEVER LONG YOU WANT IT WITH A HANDLE SO THAT YOU CAN PUSH IT IN THE GROUND. WATCH WHAT YOU DO THOUGH, BECAUSE PROBING CAN BE CONSIDERED ILLEGAL. JON ANDREWS _________________________________________________________________ Join the world’s largest e-mail service with MSN Hotmail. http://www.hotmail.com

THANK YOU JON FOR THE INFORMATION--I WILL USE IT WISELY MARILYNJO ----- Original Message ----- From: jon andrews <sianoil@hotmail.com> To: <INPCRP-L@rootsweb.com> Sent: Tuesday, February 05, 2002 9:52 PM Subject: Re: [INPCRP] FINDING SUNKEN HEADSTONES >From: "MARILYN J MURRAY" <marilynjomurray@PRODIGY.NET> >Reply-To: INPCRP-L@rootsweb.com >To: INPCRP-L@rootsweb.com >Subject: [INPCRP] FINDING SUNKEN HEADSTONES >Date: Tue, 5 Feb 2002 11:49:04 -0800 > >HELLO, >PLEASE DO NOT FEEL OFFENDED BY THE BIG PRINT FOR I HAVE EYE >PROBLEMS.....THANKS. > >I AM NEW TO THE LISTING BUT I HAVE BEEN TRYING TO FIND >SOME INFORMATION ON WHAT TYPE OF "TOOL" CAN BE USED >TO FIND OLD HEADSTONES BURIED UNDER THE EARTH???? > >I HAVE SEEN ON THE INTERNET MENTIONING A TERM LIKE: >"PROBE OR PROBING FOR OLD HEADSTONES."-----??? >WHAT ALL DOES THIS MEAN IN TERMS OF WHAT ARE THEY >USING TO "PROBE-WITH"?? > >MY PROBLEM IS MOST OF THE FLAT HEADSTONES IN THE >CEMETERY WHERE MY PIONEER RELATIVES ARE BURIED-- >MOST OF THEM ARE UNDER THE EARTH (AND QUIT A FEW >ARE MISSING DUE TO VANDELISM & BROKEN & ECT.) >THE GRAVE YARD HOLDS ABOUT 800+ PEOPLE >AND ABOUT 70% OF THE HEADSTONES HAS THIS >PROBLEM (SUNKEN). >LORD KNOWS HOW BAD THE "UPRIGHT HEADSTONES >" HAVE SUNKEN," ALSO?? > >COULD SOMEONE EXPLAIN TO ME WHAT TYPE OF EQUIPMENT >OR TOOLS CAN BE USED NOW A DAYS FOR THIS TYPE OF PROBLEM. > >PLEASE, PLEASE, THIS HAS BEEN GOING ON IN MY MIND >FOR A LONG TIME NOW AND EVERYONE I HAVE GOT IN >TOUCH WITH CAN NOT HELP WITH SUNKEN HEADSTONES. >THE YEAR 2002 AND NO TOOLING OR EQUIPMENT?? > >THANKS FOR YOUR TIME, >MARILYNJO MURRAY >EVERETT, WASHINGTON > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >==== INPCRP Mailing List ==== >This list is for discussion of topics related to the Indiana Pioneer >Cemeteries Restoration Project only. > IF YOU'RE JUST LOOKING A SHORT DISTANCE 8-10" UNDER THE GROUND, GET YOURSELF A PITCHFORK. I FIND THAT IT WORKS BEST, AS YOU CAN COVER MORE GROUND. A PROBE IS BASICALLY A 3/8"+- ROD HOWEVER LONG YOU WANT IT WITH A HANDLE SO THAT YOU CAN PUSH IT IN THE GROUND. WATCH WHAT YOU DO THOUGH, BECAUSE PROBING CAN BE CONSIDERED ILLEGAL. JON ANDREWS _________________________________________________________________ Join the world's largest e-mail service with MSN Hotmail. http://www.hotmail.com ==== INPCRP Mailing List ==== This list is for discussion of topics related to the Indiana Pioneer Cemeteries Restoration Project only.

HELLO TO YOU, MARILYN. I CAN ANSWER YOUR QUESTION ABOUT THE PROBE ... AND EVEN DO IT IN BIG LETTERS SO YOU CAN READ IT ! A PROBE IS A LONG THIN STEEL ROD THAT YOU PUSH INTO THE GROUND TO A DEPTH OF ABOUT 12". JUST ABOUT ANY SORT OF ROD WILL DO IF YOU ONLY HAVE A FEW GRAVES TO DO. BUT YOU SOUND LIKE YOU HAVE QUITE A FEW. IN WHICH CASE, YOU MIGHT WANT TO SAVE YOUR BACK AND BUY A REAL HONEST-TO-GOODNESS CONSTRUCTION PROBE THAT WORKERS USE TO PROBE THEIR EXCAVATIONS BY HAND FOR BURIED UTILITIES. FORGET GOING TO MOST HARDWARE STORES. YOU NEED TO FIND A CONTRACTOR'S SUPPLY OUTLET FOR THIS AS IT IS A SPECIALTY ITEM. MINE IS NEARLY 5 FEET LONG. THE STEEL ROD PORTION IS 1/2" IN DIAMETER. IT DID HAVE A PRETTY SHARP POINT ON THE END, BUT I TOOK THE ADVICE OF SOMEONE ELSE ON THIS LIST AND BLUNTED IT A BIT WITH A FILE. THE NICE PART OF MY PROBE IS A RUBBER-GRIPPED 10" LONG TEE HANDLE. THAT WAY YOU CAN GET SOME LEVERAGE ON IT. YET AT 5' LONG, YOU'RE NOT BENDING OVER ALL DAY AND STRAINING YOUR BACK. NEXT WEEK, WEATHER PERMITTING, I'LL BE OUT AT MY CEMETERY PROBING AWAY WITH IT. WISH ME LUCK ! PAT KNEISLER BENICIA, CA ----- Original Message ----- From: "MARILYN J MURRAY" <marilynjomurray@PRODIGY.NET> To: <INPCRP-L@rootsweb.com> Sent: Tuesday, February 05, 2002 11:49 AM Subject: [INPCRP] FINDING SUNKEN HEADSTONES > HELLO, > PLEASE DO NOT FEEL OFFENDED BY THE BIG PRINT FOR I HAVE EYE > PROBLEMS.....THANKS. > > I AM NEW TO THE LISTING BUT I HAVE BEEN TRYING TO FIND > SOME INFORMATION ON WHAT TYPE OF "TOOL" CAN BE USED > TO FIND OLD HEADSTONES BURIED UNDER THE EARTH???? > > I HAVE SEEN ON THE INTERNET MENTIONING A TERM LIKE: > "PROBE OR PROBING FOR OLD HEADSTONES."-----??? > WHAT ALL DOES THIS MEAN IN TERMS OF WHAT ARE THEY > USING TO "PROBE-WITH"?? > > MY PROBLEM IS MOST OF THE FLAT HEADSTONES IN THE > CEMETERY WHERE MY PIONEER RELATIVES ARE BURIED-- > MOST OF THEM ARE UNDER THE EARTH (AND QUIT A FEW > ARE MISSING DUE TO VANDELISM & BROKEN & ECT.) > THE GRAVE YARD HOLDS ABOUT 800+ PEOPLE > AND ABOUT 70% OF THE HEADSTONES HAS THIS > PROBLEM (SUNKEN). > LORD KNOWS HOW BAD THE "UPRIGHT HEADSTONES > " HAVE SUNKEN," ALSO?? > > COULD SOMEONE EXPLAIN TO ME WHAT TYPE OF EQUIPMENT > OR TOOLS CAN BE USED NOW A DAYS FOR THIS TYPE OF PROBLEM. > > PLEASE, PLEASE, THIS HAS BEEN GOING ON IN MY MIND > FOR A LONG TIME NOW AND EVERYONE I HAVE GOT IN > TOUCH WITH CAN NOT HELP WITH SUNKEN HEADSTONES. > THE YEAR 2002 AND NO TOOLING OR EQUIPMENT?? > > THANKS FOR YOUR TIME, > MARILYNJO MURRAY > EVERETT, WASHINGTON > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > ==== INPCRP Mailing List ==== > This list is for discussion of topics related to the Indiana Pioneer > Cemeteries Restoration Project only. >

HELLO, PLEASE DO NOT FEEL OFFENDED BY THE BIG PRINT FOR I HAVE EYE PROBLEMS.....THANKS. I AM NEW TO THE LISTING BUT I HAVE BEEN TRYING TO FIND SOME INFORMATION ON WHAT TYPE OF "TOOL" CAN BE USED TO FIND OLD HEADSTONES BURIED UNDER THE EARTH???? I HAVE SEEN ON THE INTERNET MENTIONING A TERM LIKE: "PROBE OR PROBING FOR OLD HEADSTONES."-----??? WHAT ALL DOES THIS MEAN IN TERMS OF WHAT ARE THEY USING TO "PROBE-WITH"?? MY PROBLEM IS MOST OF THE FLAT HEADSTONES IN THE CEMETERY WHERE MY PIONEER RELATIVES ARE BURIED-- MOST OF THEM ARE UNDER THE EARTH (AND QUIT A FEW ARE MISSING DUE TO VANDELISM & BROKEN & ECT.) THE GRAVE YARD HOLDS ABOUT 800+ PEOPLE AND ABOUT 70% OF THE HEADSTONES HAS THIS PROBLEM (SUNKEN). LORD KNOWS HOW BAD THE "UPRIGHT HEADSTONES " HAVE SUNKEN," ALSO?? COULD SOMEONE EXPLAIN TO ME WHAT TYPE OF EQUIPMENT OR TOOLS CAN BE USED NOW A DAYS FOR THIS TYPE OF PROBLEM. PLEASE, PLEASE, THIS HAS BEEN GOING ON IN MY MIND FOR A LONG TIME NOW AND EVERYONE I HAVE GOT IN TOUCH WITH CAN NOT HELP WITH SUNKEN HEADSTONES. THE YEAR 2002 AND NO TOOLING OR EQUIPMENT?? THANKS FOR YOUR TIME, MARILYNJO MURRAY EVERETT, WASHINGTON

At the Madison cemetery workshop (well attended and well presented), the fact that "dead people don't vote" was an issue raised that tends to put cemetery preservation on the bottom of the list with politicians, and now you say they do vote..know what you mean!!!... .And the grossly neglected cemeteries certainly appear abandoned even though in the technical sense they are not..only those at the edges whose remains the farmers,developers have edged into and taken away, so I guess really they didn't abandon the place, but were forced to leave..... ..Ruth Pride Knox Co.

"A Curious Dream" - Mark Twain had this pegged all along... Sue Silver ----- Original Message ----- From: <Pride1jw@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Tuesday, February 05, 2002 6:21 AM Subject: Re: [INPCRP] "Adverse possession" > At the Madison cemetery workshop (well attended and well presented), the fact > that "dead people don't vote" was an issue raised that tends to put cemetery > preservation on the bottom of the list with politicians, and now you say they > do vote..know what you mean!!!... .And the grossly neglected cemeteries > certainly appear abandoned even though in the technical sense they are > not..only those at the edges whose remains the farmers,developers have edged > into and taken away, so I guess really they didn't abandon the place, but > were forced to leave..... ..Ruth Pride Knox Co. > > > ==== INPCRP Mailing List ==== > Cemetery: (n) A marble orchard not to be taken for granite. > >

>From: "Andi MacDonald" <andimac@oz.net> >Reply-To: INPCRP-L@rootsweb.com >To: INPCRP-L@rootsweb.com >Subject: Re: [INPCRP] "Adverse possession" >Date: Mon, 4 Feb 2002 07:52:12 -0800 > >Adverse possession can be completed by.... > >...building a fence over the property line and after a certain number of >years going to court and claiming the property on your side of the illegaly >built fence is yours. If the real owner never contacted you to make you >take down or move the fence back onto your property, the courts would >probably give you the slice of property and your property boundary would be >moved to the fence line. > >...storing equipment on someone else's property and basically using it for >a >certain number of years during which time the owner never made you move the >stuff off the property (by letter, by attorney, by lawsuit, by whatever >means). After using the property for a certain number of years, going to >court and asking the judge to give you the property. > >Yes, these happen all the time! Usually neighbors take fence disputes to >court. Unfortunately, for cemeteries, especially if "abandoned" (not >legally owned by anyone), anyone can use the property and then go to court >and take ownership through adverse possession. > >There is a good side, though, for us in Washington state. We have built >into the law that cemeteries may NOT be taken through adverse possession. >It's a very small one or two line paragraph that is not worded in a way >that >a layman would understand the meaning. It took a court case over this very >thing, for me to find out about the law from an attorney. > >-------------- >Andrea D. MacDonald "Andi" >andimac@oz.net > >Washington State Cemetery Association >http://www.rootsweb.com/~wapsgs/ > >"Never doubt that a small group of thoughtful committed citizens can change >the world. Indeed it's the only thing that ever has." Margaret Mead > > > >----- Original Message ----- >From: "Lois Mauk" <loismauk@home.com> >To: <INPCRP-L@rootsweb.com> >Sent: Saturday, February 02, 2002 7:33 AM >Subject: [INPCRP] "Adverse possession" > > > > Do any of you have any knowledge or experience concerning "adverse > > possession" with respect to cemeteries? > > > > Scenario: A cemetery is mentioned in vague terms on an old deed (no >metes > > and bounds cited, just a reference to its size, etc.). The stones all > > vanished decades ago. Now the property is "ripe for development" and >the > > cemetery location cannot or has not been precised determined. The > > developer/property owner now claims ownership via "adverse possession". > > > > Your thoughts or experience? > > > > Lois > > > > > > > > > > ==== INPCRP Mailing List ==== > > To UNSUBSCRIBE, send message consisting only of > > "UNSUBSCRIBE" to INPCRP-L-REQUEST@rootsweb.com > > or to INPCRP-D-REQUEST@rootsweb.com (for DIGEST version) > > > > > > > > >==== INPCRP Mailing List ==== >THIS IS A CEMETERY ----- > "Lives are commemorated - deaths are recorded - families >are reunited - memories are made tangible - and love is >undisguised. This is a cemetery. > "Communities accord respect, families bestow reverence, >historians seek information and our heritage is thereby enriched. > "Testimonies of devotion, pride and remembrance are carved >in stone to pay warm tribute to accomplishments and to the life - >not the death - of a loved one. The cemetery is homeland for family >memorials that are a sustaining source of comfort to the living. > "A cemetery is a history of people - a perpetual record of >yesterday and sanctuary of peace and quiet today. A cemetery >exists because every life is worth loving and remembering - always." > --Author unknown -- Seen at a monument dealer in West Union, IA > The term "abandoned cemetery" somehow bothers me. In fact, the definition of abandoned by the State of Indiana in their code as it refers to property, etc. and especially by the IDNR with respect to cemeteries, coal mines, oil wells, etc. bothers me. They seem to believe that if no one is using it or operating it or tending to it, it is termed abandoned even though there might be taxes paid on it, bonds covering it or in general an intent to return to use it. In my opinion, abandon means to walk off and leave it for someone else's benefit. Hardly the case for a cemetery. Those poor souls who are buried there did so with eternity in mind and they damn sure aren't going to walk off and leave it, especially for someone else. That is, if dead people have rights. We know, on occassion, they do in fact vote. Unlike personal property, all real property is owned by someone, somewhere, somehow and the State has procedures for one to transfer or claim that property to another. The term "no-man's land" is a misnomer. With regard to unattended cemeteries, there seems to be some confusion between the term abandoned and neglect. If the bodies are still present, I don't know how it could be termed abandoned. Rich Kimball _________________________________________________________________ Chat with friends online, try MSN Messenger: http://messenger.msn.com

Here's one: If the cemetery could be legally claimed by a town, township or a county under cemetery laws, this applies: IC 32-1-20-2 Sec. 2. Title to real property owned by the state or a political subdivision (as defined in IC 36-1-2-13) may not be alienated by adverse possession. As added by P.L.289-1985, SEC.1. Amended by P.L.86-1998, SEC.1. Ernie

This may apply in Indiana. I am digging through the "codes" website and have not found it yet, but we had a "Quit Claim" deed overturned on the rule, "Once a cemetery, always a cemetery". A farmer who owned land around the 3/4 acre cemetery filed the Quit Claim deed to gain control of the property. I may have to hunt up the former Township Attorney to find out how he had it reversed. I'll keep digging, let you know what I find. Ernoe At 07:52 AM 02/04/2002 -0800, you wrote: > We have built into the law that cemeteries may NOT be taken through > adverse possession. >Andrea D. MacDonald "Andi" >andimac@oz.net > >Washington State Cemetery Association >http://www.rootsweb.com/~wapsgs/

Adverse possession can be completed by.... ...building a fence over the property line and after a certain number of years going to court and claiming the property on your side of the illegaly built fence is yours. If the real owner never contacted you to make you take down or move the fence back onto your property, the courts would probably give you the slice of property and your property boundary would be moved to the fence line. ...storing equipment on someone else's property and basically using it for a certain number of years during which time the owner never made you move the stuff off the property (by letter, by attorney, by lawsuit, by whatever means). After using the property for a certain number of years, going to court and asking the judge to give you the property. Yes, these happen all the time! Usually neighbors take fence disputes to court. Unfortunately, for cemeteries, especially if "abandoned" (not legally owned by anyone), anyone can use the property and then go to court and take ownership through adverse possession. There is a good side, though, for us in Washington state. We have built into the law that cemeteries may NOT be taken through adverse possession. It's a very small one or two line paragraph that is not worded in a way that a layman would understand the meaning. It took a court case over this very thing, for me to find out about the law from an attorney. -------------- Andrea D. MacDonald "Andi" andimac@oz.net Washington State Cemetery Association http://www.rootsweb.com/~wapsgs/ "Never doubt that a small group of thoughtful committed citizens can change the world. Indeed it's the only thing that ever has." Margaret Mead ----- Original Message ----- From: "Lois Mauk" <loismauk@home.com> To: <INPCRP-L@rootsweb.com> Sent: Saturday, February 02, 2002 7:33 AM Subject: [INPCRP] "Adverse possession" > Do any of you have any knowledge or experience concerning "adverse > possession" with respect to cemeteries? > > Scenario: A cemetery is mentioned in vague terms on an old deed (no metes > and bounds cited, just a reference to its size, etc.). The stones all > vanished decades ago. Now the property is "ripe for development" and the > cemetery location cannot or has not been precised determined. The > developer/property owner now claims ownership via "adverse possession". > > Your thoughts or experience? > > Lois > > > > > ==== INPCRP Mailing List ==== > To UNSUBSCRIBE, send message consisting only of > "UNSUBSCRIBE" to INPCRP-L-REQUEST@rootsweb.com > or to INPCRP-D-REQUEST@rootsweb.com (for DIGEST version) > > >

I have a friend here in Cincinnati who would like to be able to locate a family cemetery in Clark County. I believe the family names are Leonard, Starr, Jackson, Spurgeon. Could someone email her at CBARDWALK@aol.com and give her a few resources for how she might go about this. I'm not knowledgeable enough yet. If we can find it, and if it is overgrown, we would probably want to clear it up. Thanks MaryAlice

Adverse possession is a legal doctrine through which someone obtains legal title to land by meeting several specific conditions set forth in case law and/or by statute. Here is a good general description of the law: http://www.lectlaw.com/files/lat06.htm As the article says, "A landowner who doesn't keep an eye on his property can lose it." How the elements required to obtain title through adverse possession play out in an individual state like Indiana are the subject of case law. For example, Indiana Code 32-1-20-1 requires that someone claiming title through adverse possession must have paid taxes on the land. The courts have interpreted that somewhat narrowly, though. ----- Original Message ----- From: Lois Mauk <loismauk@home.com> To: <INPCRP-L@rootsweb.com> Sent: Saturday, February 02, 2002 9:33 AM Subject: [INPCRP] "Adverse possession" > Do any of you have any knowledge or experience concerning "adverse > possession" with respect to cemeteries? > > Scenario: A cemetery is mentioned in vague terms on an old deed (no metes > and bounds cited, just a reference to its size, etc.). The stones all > vanished decades ago. Now the property is "ripe for development" and the > cemetery location cannot or has not been precised determined. The > developer/property owner now claims ownership via "adverse possession". > > Your thoughts or experience? > > Lois > > > > > ==== INPCRP Mailing List ==== > To UNSUBSCRIBE, send message consisting only of > "UNSUBSCRIBE" to INPCRP-L-REQUEST@rootsweb.com > or to INPCRP-D-REQUEST@rootsweb.com (for DIGEST version) > >

Do any of you have any knowledge or experience concerning "adverse possession" with respect to cemeteries? Scenario: A cemetery is mentioned in vague terms on an old deed (no metes and bounds cited, just a reference to its size, etc.). The stones all vanished decades ago. Now the property is "ripe for development" and the cemetery location cannot or has not been precised determined. The developer/property owner now claims ownership via "adverse possession". Your thoughts or experience? Lois