Jack: You and I are pretty much on the same page, except I don't really think the term "no man's land" is quite the way to describe it. That to me sounds like the term abandoned, which for all practical purposes, I and the State, namely the DNR, don't agree on the definition of. I know what you are trying to say, but someone, somewhere, does own that hole in the property (township, county, heir, etc) and depending on the case they may very well still have a right to the access to it. Access does not have to continually used to maintain it, just for it to be taken away. It's just a good example of how screwed up things are. In my opinion, it all goes back to the law which states that all cemeteries before 1939 have to be recorded. In essence, if they are not they do not exist. Well, whose obligation is this or was it to document these. I think the county has or had some obligation to protect the landowner's rights along with the rights owned by the inhabitants of the cemeteries or their heirs. Jon >From: Jb502000@aol.com >Reply-To: INPCRP-L@rootsweb.com >To: INPCRP-L@rootsweb.com >Subject: Re: [INPCRP] Wheres the Cemetery? >Date: Sat, 29 Dec 2001 12:38:16 EST > >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 > > > > >==== INPCRP Mailing List ==== >Blessed are the Elderly, for they remember what we will never know. > _________________________________________________________________ Send and receive Hotmail on your mobile device: http://mobile.msn.com