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Archiver > INPCRP > 2001-06 > 0991492888


From: "Andi MacDonald" <>
Subject: Re: [INPCRP] Status of the Lewellyn Graveyard in Bartholomew County, Indiana
Date: Sat, 2 Jun 2001 07:41:28 -0700
References: <002001c0eb0e$31ea92e0$0400a8c0@christine>


Christine wrote:
> FOUR: Do they Legally have the right to the quarter of an acre that has
been excepted out of the deed for over a century? They purchased the
ground with the full knowledge of how the deed read. It is not their fault
a farmer 100 years ago decided his need for farm ground out-weighed his
conscience and plowed it under. However, I have always heard it said we
should learn from our past mistakes so we don't repeat them. Developing
this property carefully and "keeping an eye out" for remains will not
justify when that last house is built on that last lot in the parcel,
taking up all 60 acres and wiping out all traces of a once-sacred site.
They have mentioned before of all the park area they will have in this
planned community. That is wonderful, but a cemetery ought to be a
cemetery, not down-graded to a memorial park.

Hello Christine and all,
you ask if the new owner has a right to the cemetery property. If it was
"deeded out" as you say, then someone should take the old deed and the new
deed and see an attorney and ask him this question. A brief synopsis about
deeds and cemeteries in Washington state, and probably true in each
state....

1. In 1910 Sam Smith had 160 acres. Sam decided to set aside 2.5 acres
for a cemetery and give it to the local Masons. Sam's deed would now say
"except that portion set aside for cemetery purposes, an area 2.5 acres in
size."
2. The Masons would now have a new deed which might say "a parcel of land
2.5 acres in size, set aside for cemetery purposes." From then on, there
are two deeds.
3. Now, if the Masons group went belly up, and they did not deed the 2.5
acres over to someone, then the cemetery is considered "abandoned" (as in
abandoned property).
4. Just because the cemetery is abandoned (the owner dies or goes belly up
without the property being willed and/or probated, or deeded to someone
else) does not mean that Sam Smith gets to take over the property again.
5. Someone must file a Quiet Title action in a Superior Court in the
county where the property is and have the property awarded to them by the
judge.
6. Anyone can file the Quiet Title action.

So, to know for sure if the cemetery property is owned by the Crossmann
group, someone needs to do a title search. If you visit a local title
company and tell them what is going on and mention that a Pioneer cemetery
is involved, they may look in their records to see who legally owns the
cemetery property, for free. Any title company can look in their
records--it's all on computer and they have easy access--not even the
county has the easy access a title company may have. Please note that just
because a title company says one thing, doesn't mean it's true--especially
where a cemetery is concerned. They have never been fully tracked as other
properties and so the information may not be 100% correct.

You could also go to the courthouse and do a "title search" yourself. It
takes many hours to do, but if you are serious about this cemetery, you may
decide it is worth it. As always--my disclaimer--see an attorney for
legal advice.
--------------
Andrea D. MacDonald "Andi"


Washington State Cemetery Association
http://www.rootsweb.com/~wapsgs/
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