Who owns the grave plot can headstone be removed?

Asked over 4 years ago - New Jersey

I was very late paying the final fee on my mother's headstone. The contract that I signed states that the manufacturer of the stone owns it until the final payment. After the installation of the stone, I still owed $375 balance (Orig. $1,500). The headstone was removed and although I paid the balance, I now owe an additonal $345 re-installation fee. Did the manufacturer have the right to remove the stone from private property?

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . Most headstone people have an agreement with the cemetery allowing them access to the graves. I believe the agreement also allows them to remove stones for new engraving and/or non payment. You can check with the cemetery to see if they can do what they did. I am assuming they can. The cemetery is private property with public access so it is not as if they came onto someone homeland.
    You might find the following legal guides done by me helpful:
    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..


    Commercial litigation: How to Handle a Dispute

    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,889 answers this week

3,045 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,889 answers this week

3,045 attorneys answering