In a message dated 12/29/01 9:04:51 AM US Eastern Standard Time, cherokee@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@aol.com Floyd County INPCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585