Owner, Transfer, & Decent of Burial Space
All plots, lots, graves, crypts and niches in the Cemetery shall be held in pursuance of the Statutes of the State of Connecticut, the amendments thereof and supplements thereto, and the several acts successors thereto, and any and all special or general acts applicable to this Association and the cemetery lands thereof; and said plots, lots, graves, crypts, and niches shall be held also subject to the franchise, by-laws, Rules and Regulations of the Association now in force or hereafter adopted, whether or not the same appear herein or in the agreements for purchase or in the deeds for the same.
No easement or right of interment is granted to any owner of a plot, lot, grave, crypt or niche in any road, drive, alley or walk within the Cemetery, but such road, drive, alley or walk may be used as a means of access to plots, lots, graves, crypts, or niches as long as the Association devotes it to that purpose.
The purchaser of a plot, lot, grave, crypt or niche, shall not be deemed to be vested with title thereto until the full purchase price thereof, including the interest, if any, shall have been paid to the Association. In the event of default in payment of the purchase price or the interest, or any part thereof, when due, and if the Association shall mail the notice of default as provided in the agreement of purchase, and such default is not cured with the time therein specified, the Association reserves the right at any time thereafter to enter said plot, lot, grave, crypt or niche, and remove from there all remains as shall have been interred therein and re-Inter the same in its public ground, at the expense of the Purchaser.
The Association may refuse to recognize as valid, complete, and/or effective, any transfer, assignment or reservation of a plot, lot or any part thereof, or interest therein, or grave, crypt, or niche, to any family member or relative only, unless and until the Association shall have first authorized the same by writing on the instrument of transfer or other appropriate document in such form as shall be satisfactory to the Association, and which shall have first been filed and recorded in the Office of the Association, for which filing and recording it shall be entitled to make a reasonable charge, and also, all have made such payment to the Cemetery Association’s Perpetual Care Fund as shall be required by Statute. The Association may refuse its said consent as long as any indebtedness remains due it on said plot, lot, grave, crypt, or niche.
No person will be recognized as the owner of any plot or lot, or any part thereof or any interest therein, or any grave, crypt or niche, unless his name is recorded as such upon the records of the Association.
When there are several owners of a plot, lot or crypts, they may designate in writing one or more persons to represent the said plot, lot or crypts, and the owners thereof, and file the same with the Association; the same to be in such form as is acceptable to it. So long as they fail to file such a designation, the Association may designate and deal with any one or more of such owners as such representative. The Association’s regular charge shall be paid for the filing of any such designation.
Upon the death of the owner of a plot or lot, or any part hereof or any interest therein, or of a grave, crypt or niche, or upon the death of the Purchaser under a Contract of Sale there for, the Association may require, before recognizing the interest of a successor in title, that the surviving spouse, if any, or any person claiming title thereto or an interest therein as heir or devisee of such deceased owner of as the executor or administrator of his estate, file with the Association an Affidavit in such form as meets with its approval thereto and make a part thereof a properly certified copy of any Last Will and Testament left by the decedent; for which filing the Association shall be paid its regular charge.
Upon the death of a joint tenant or a tenant by the entirety, the Association may require, before recognizing the surviving tenant as sole owner of the plot, lot, grave, crypt of niche, that such survivor file with the Association an Affidavit in such form as meets with its approval; for which filing the Association shall be paid its regular charge.
The holder of a transfer deed (immediate family only) or assignment and/or reservation of a lot, plot, grave, crypt or niche to an immediately family member only, upon the demand of the Association shall deliver the same to it in duplicate for its approval, and for recording on its books and filing in its records. The Association shall be entitled to make its regular charge for such recording and filing.
The Association prohibits any and all sales or donation of a member controlled lot, plot, grave, crypt or niches in the open market. Only the Association may: (a) purchase back your rites if desired at the price reflected on the deed (b) distribute a tax-deductible donation letter to the individual(s) noted on the original deed in exchange for the deeded rites, based on the going rate -OR- (c) if beneficial to the Association, consign the member controlled rites, for a fee.