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Grave Ownership Rights
When a person purchases an interment site they assume certain rights and responsibilities that are important to understand.
Cemetery Ownership: |
All land within Missoula City Cemetery is owned and maintained by the city of Missoula. |
|---|---|
| Conveyance of Title: | A conveyance of title is issued to the purchaser for the right to inter in a specified interment site. The purchaser receives the original signed and sealed certificate. This document is required by the cemetery when using, assigning, or selling back an interment site. |
| Ownership Responsibilites: | The name stated on the conveyance of title document and issued at time of purchase is the sole owner of the interment site and controls the usage of the burial site. |
| 1. It is the owner's responsibility to assign usage of the interment site through written assignment which must be on file at the cemetery. The owner has the right to void or change the assignment at any time. The cemetery must honor the most current written assignment on file at the cemetery. | |
| 2. It is the owner's responsibility to assign a legal heir who can assume control of the interment site upon their death. The cemetery requires the original conveyance of title and the will that identifies the heir and calls out the cemetery interment site to which they have inherited control. | |
Please review cemetery ordinance for purchases |
| Assign Grave Usage |
| The purchaser has the right to assign the usage of an interment site at any time. |
| 1. The purchaser must present a copy of the original conveyance of title. |
| 2. The assignment must be in written form and notarized. Note: The cemetery has a standard assignment form for use. |
| 3. The purchaser maintains all ownership rights to the interment site and can void or change a written assignment at any time. |
| 4. The purchaser must keep cemetery records updated with the most current written assignment. |
Please review cemetery ordinance for purchases and assignments |
| Sell Unused Burial Site |
| The purchaser may re-sell unused interment sites at any time. |
| 1. Third party sales are prohibited. |
| 2. The purchaser may sell an unused interment site only to Missoula City Cemetery. |
| 3. The cemetery will purchase unused interment sites for the original purchase price. |
| 4. The original conveyance of title document must be returned to the cemetery. |
Please review cemetery ordinance for purchases and re-sale |
| Reclamation Rule |
| Missoula City Cemetery reserves the right to reclaim unused interment sites after 80 years. |
| 1. All interment sites purchased but not used during a period of 80 years will automatically revert back to cemetery ownership. |
| 2. The 80-year rule is from the last action on record at the cemetery which includes: A. The date of purchase B. The last written assignment C. The last interment in a group purchase |
Please review cemetery ordinance for purchases |
Helpful suggestions:
- Contact the cemetery to review grave assignments in advance of an illness or death
- Place copies of written, notarized assignments on file at the cemetery
- Tell family members where to find interment instructions