Skip to Main Content

Cemetery Laws in Louisiana: Ownership

Ownership

small tombs topped by crosses

In a cemetery, who owns what? Well, it's complicated. 

The cemetery itself may belong to a cemetery association, or a government body, or a private owner, depending on what type of cemetery it is. A burial space within the cemetery can be owned by a person or family. Ownership of a tomb or mausoleum can be different from ownership of a space within that structure.There can be community property and servitudes involved.

A cemetery authority handles sales and conveyances. These sales are registered with the cemetery authority, not with a parish clerk. A buyer is getting a burial space, and not title to land.

Human remains are not property which can be owned.  See R.S. 25:952

For full information on ownership, please see Chapter 12, Title To and Rights in Cemetery Spaces. R.S. 8:801 through R.S. 8:813.

                                                                                                                                                                                                               Francis Norton 2018