In a message dated 11/10/01 3:27:36 PM US Eastern Standard Time, djd434@rnetinc.net writes: > I've pulled and copied all the deeds on a property which surrounds a pioneer > cemetery. The deeds do describe an exception in terms that a surveyor > would understand, but I didn't find any document describing that the > exception was specifically for a cemetery. The current owners bought this > property in May 1998, and on their deed this exception mysteriously > disappeared. Also on the current deed only, the acreage just as > mysteriously "grew". Most of this cemetery was bulldozed in the 1960's. > Only one stone remains standing, but it is very obvious there was a > cemetery there. > > How far back did you go. If there is an Exception It will say "Except for (Size) to be used as a Graveyard." It is very highly unlikely it will say cemetery. It can also say for "A Family Burial Site" or A Family Graveyard. Very seldom on an Exception here in Floyd County does it give a Surveyors description that pin points the site. It just Excepts the Area of the Graveyard. It will give either the Size, such as 75 X 75, or it may be something like a Quarter Acre. It will give the Surveyors size such as Rods, Chains, or Poles if there is a separate deed instead of an Exception. Sometimes I find it Quicker to Start at the Original Owner listed in the Government Land Sales and work forward until I find a Deed, or an Exception. You can Locate the first owner by finding out who bought that particular Quarter Section, 160 Acres, which is the way Early Sales were made. Poorer land later was sold in 80 Acre Parcels, and later if not sold it was sold by the Government in 40 Acre parcels. Early Land sales in Floyd Co. are in a Book in the recorders Office. Some early Sales are in a Land Book from Vincennes, Later Jeffersonville. It is not uncommon to find them dropped off the deed a 150 years ago. Because as Jon. or Sue, or someone said earlier, an Exception cannot legally be dissolved. It was a part of a Deed and is as Legal a Term as you will find in the Present or past deeds The present owners have not been Duped, that happened a long time ago. Times were different then than they are now. The cemetery was there so no big deal about putting it on a deed. Also some wanted to make sure they got all the money they could. You can check with the Trustee, but if they are paying Taxes on the Cemetery, they can have it removed from their Taxes if you can Find the right deed. Good Luck, I can't help any more than this. Someone Else Give it a try. Jack E. Briles, Sr. Floyd County PCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585