QUESTION

If a person buries someone in a church cemetery plot that is not theirs, can they be forced to move the body?

Asked on Oct 08th, 2013 on Civil Litigation - North Carolina
More details to this question:
My aunt has several reserved plots at her church cemetery. Today someone buried one of their relatives in one of her plots without permission from my aunt or from the church. Can this matter be settled in court or does it need to be settled by the church since it is on their property?
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
This is a strange situation.  Assuming that "reserved" means that your Aunt has a legally enforceeable contract with the church to allow her or her designee to be buried in the specific plot, a Court can compel the offending party to move the body.  Depending on whether the Church sold the land to your Aunt, or just sold her the right to be buried there, the Church may have to be named in the lawsuit. The Church cannot "settle" the dispute unless all parties agree to be bound by itd decision.  Although it has a right to not have a body buried on its land without its permission, it cannot enforce that right without the Court's help.  If the offender refused the Church's direcitve to move the body, it would probably have to get a Court order to compel the offender to do so, although it may also be able to move the body itself, and then go to Court to compel the offender to reimburse it for any expenses incurred.
Answered on Oct 09th, 2013 at 12:50 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters