What can be done to require cemetery to properly record burial plot deed?
Full Question:
Answer:
If the deed wasn't recorded properly, you would have to try again by submitting the original deed to the recorder. The is recorded on the land records the same way all property transfers are handled. We are not aware of any requirement in Illinois for the recording office to provide extraordinary proof of the recording. Normally the original deed is returned to the grantee with a stamp on it stating when it was recorded and in what book/page it can be found by the public.
A blank page may not mean the deed was not recorded. All deeds must contain a legal description of the property conveyed. In the case of burial plots, often there is a reference to the name of the cemetery along with reference to a map or the specific description of the plot inside that cemetery, location of grave by plot, lot, block, tier, and grave number.
Most state laws require that cemeteries maintain a record of all plot sales and subsequent plot ownership, not only for burial purposes but also for transfers.
In Illinois the office of the Comptroller is commissioned to monitor the Cemetery Care and Burial Trust Online which is a web portal to rules and regulations regarding the licensing of cemeteries, funeral homes and crematories in the state of Illinois. Please see the link below for more information about regulations affecting the operation of cemeteries.
