Can a cemetery charge you to relocate a burial plot after removing the tree that marked it?

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Andres Sanchez

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Based on your situation, there are several legal arguments and considerations in property law that could potentially support your case:

Property Rights: If your mother purchased the plots with the understanding that they would be under a specific tree, this could be considered part of the property rights or agreement. The removal of the tree might be seen as a breach of that agreement, depending on the terms.
Contractual Obligations: If there was a contract or agreement that specified the presence of the tree, the removal without proper justification or proof (like evidence of storm damage) could be a breach of contract. Most jurisdictions treat a cemetery plot purchase agreement as a binding contract for the right of interment, so the cemetery's obligations under that agreement matter here.
Proof of Damage: The party responsible for removing the tree should provide evidence that the tree was indeed damaged by a storm. Without proof, their claim might not hold up legally. Under general contract principles, the party asserting an excuse for changed performance (such as storm damage) typically bears the burden of proving it.
Consumer Protection Laws: Depending on your jurisdiction, there might be consumer protection laws that prevent unfair charges for moving the plots, especially if the removal of the tree was not justified. (15 U.S.C. § 45)

Let me know if you have any questions or clarifications.

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My mother bought plots under a specific tree, and now they have taken the tree out. I want to have them either move the plots or plant another tree, and they want to charge me to move them. What can I do?

Lexi, Chatbot

I understand how frustrating it can be to deal with property issues like this. Can you please provide more details about the agreement your mother had regarding the tree and the plots?

She has passed, and that is where she wanted to be, under the tree.

Lexi, Chatbot

Have you already spoken to the party responsible for removing the tree, and if so, what was their response?

They said it was hit by the storm but have no proof, and they want to charge me to move my mother and my father.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your property dispute.

No.

Andres Sanchez

Hey there! Welcome to AskaLawyer. I'm an attorney with many years of experience. I understand you're dealing with a situation where your mother's plots were under a specific tree that has been removed, and now you're being charged to move them. Have you considered any specific legal steps to address this matter?

Andres Sanchez

Based on your situation, there are several legal arguments and considerations in property law that could potentially support your case:

Property Rights: If your mother purchased the plots with the understanding that they would be under a specific tree, this could be considered part of the property rights or agreement. The removal of the tree might be seen as a breach of that agreement, depending on the terms.
Contractual Obligations: If there was a contract or agreement that specified the presence of the tree, the removal without proper justification or proof (like evidence of storm damage) could be a breach of contract. Most jurisdictions treat a cemetery plot purchase agreement as a binding contract for the right of interment, so the cemetery's obligations under that agreement matter here.
Proof of Damage: The party responsible for removing the tree should provide evidence that the tree was indeed damaged by a storm. Without proof, their claim might not hold up legally. Under general contract principles, the party asserting an excuse for changed performance (such as storm damage) typically bears the burden of proving it.
Consumer Protection Laws: Depending on your jurisdiction, there might be consumer protection laws that prevent unfair charges for moving the plots, especially if the removal of the tree was not justified. (15 U.S.C. § 45)

Let me know if you have any questions or clarifications.

Andres Sanchez

24,098 satisfied customers

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