CEM

Cemeteries

The Company generally can insure on land that is a cemetery if the Company excepts to the dedication and use of the land as a cemetery. Similarly if it appears that a portion of the land is a cemetery, the Company excepts to the cemetery use.

Requirement

CEMR01 STG

Cemetery Corporation, sale of land of

The real property to be insured appears to be land held by a cemetery association for cemetery purposes. Proceedings are required to be brought in the Supreme Court of the county where the property is located, authorizing the sale of such cemetery land and showing compliance with all the regulatory provisions regulating the sale and use of cemetery lands.
Policy will except:
a. Right of lot owners and others in and to the cemetery land and easements in their favor over the premises under examination for the purpose of visitation.
b. Right of parties and lot owners created by instruments filed or recorded with the cemetery corporation.
c. Rights of parties entitled thereto to keep therein the bodies and remains of deceased persons now interred thereon.
d. Right of the Supreme Court and Attorney General of the State of New York to supervise the removal of bodies or remains on cemetery lands, but policy does not insure that any bodies or remains may be removed therefrom.

Exception

CEMX02 STG

A Portion of the Land is a Cemetery

Any right or claim because of dedication or use of a portion of the land as reflected by ____________ as a cemetery, including:
(A) Rights, interests, and easements of any persons who have burial lots, their relatives, and the public in the land.
(B) Easements for visitation, use, driveways, and access.
Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.
Comment: Use this exception if a deed or other instrument or survey indicates that a portion of the land is a cemetery. The exception may be modified to refer to the portion used as a cemetery.

See Underwriting Manual

CEMX03 STG

Present or former burial ground

No title is insured to so much of the real property described in Schedule A as constitutes the burial ground and the right of way to reach same. There may be bodies and remains of deceased persons interred therein and there are or may be rights and easements in favor of others to maintain and visit said burial ground and to inter bodies and remains therein or to remove bodies and remains therefrom. (add if ascertainable from the record:) Said burial ground and the right of way to reach the same were recited in a certain deed dated ______, recorded _________.

CEMX04 STG

The Land is a Cemetery

Any right or claim because of dedication or use of the land as a cemetery, including:
a. Right of lot owners and others in and to the cemetery land and easements in their favor over the premises under examination for the purpose of visitation.
b. Right of parties and lot owners created by instruments filed or recorded with the cemetery corporation.
c. Rights of parties entitled thereto to keep therein the bodies and remains of deceased persons now interred thereon.
Right of the Supreme Court and Attorney General of the State of New York to supervise the removal of bodies or remains on cemetery lands, but policy does not insure that any bodies or remains may be removed therefrom.