§ 20-17-1019 — Conveyance of lots

(a) (1) An instrument conveying all or part of a burial lot or burial plot shall be issued to the purchaser upon full payment of the purchase price of the burial lot or burial plot. (2) The cemetery company shall not use an instrument to convey a burial lot or burial plot unless the form of the instrument has been provided to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (b) Only the cemetery company or its agents may sell or convey all or part of lots, grave spaces, crypts, or niches except that: (1) The owner of all or part of a lot, grave space, niche, or crypt may sell his or her interest in a lot, grave space, crypt, or niche if: (A) The lot, grave space, crypt, or niche is first offered in writing to the cemetery company at the purchase price then being charged by the cemetery company for similar lots; and (B) The cemetery company refuses the offer within thirty (30) days after the offer is made; and (2) An owner may convey or devise to the cemetery company his or her interest in a lot, grave space, niche, or crypt. (c) The secretary or other responsible officer of the cemetery company shall file and record in its books all instruments of transfer. (d) The instrument of conveyance shall be signed by the persons having proper authority. (e) A mortgage or lien on cemetery land granted by a permit holder shall not encumber any burial space that has been sold before granting the mortgage or lien. (f) (1) To ensure that all burial spaces remain unencumbered, the permit holder shall file with the board before executing a mortgage or creating a lien a notarized statement reflecting the specific description of the land to be affected by the mortgage or lien and a waiver or release by the proposed mortgagee or lienholder of any claim or right to any burial space for which an instrument of conveyance or deed has been or may be executed. (2) The failure of a permit holder to comply with the requirements of this subsection is grounds for the board to require an additional contribution to the permanent maintenance fund of the cemetery in an amount not exceeding one thousand dollars ($1,000) for each burial space encumbered.

Legislative History

Amended by Act 2017, No. 788,§ 52, eff. 7/1/2018. Acts 1977, No. 352, § 18; A.S.A. 1947, § 82-426.18; Acts 2001, No. 1242, § 4; 2011, No. 590, § 9.