Plots Of Land In Texas

Posted : admin On 4/14/2022

Land parcels are boundaries that have associated information such as property owner, land use, value, and location attributes. This property information is recorded and maintained at the county level in Texas at local appraisal districts. It is then used by public entities to make informed decisions on community planning, development, or emergency preparation and response.

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In collaboration with stakeholders from across Texas, TNRIS created a statewide standardized GIS land parcel schema. This format of land parcel data consists of the most commonly utilized information as determined by the land parcel committee. The data contributed from county appraisal districts or their service providers were translated into this common schema and are now available on the TNRIS DataHub.

In August 2019, an extension of the statewide parcel study was published to evaluate the existence of GIS parcel data and barriers to conversion. The report found that nearly all Texas appraisal districts now maintain a GIS parcel layer or are in the process of converting. It includes recommendations of 1) how TNRIS can facilitate local GIS conversion and 2) how to continue success of the land parcel program.

If you own one or more cemetery plots in Texas, who getsthose plots upon your death?

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You might think that the plots will pass pursuant to theTexas Estates Code and to the persons who receive your “residuary estate” (allthe rest, residue, and remainder of your estate after specifically describedgifts in your Will).Take a look at theTexas Health & Safety Code, though, and also any contract you have signedwith the cemetery association that oversees the particular cemetery where youown plots.

What is aplot?“ ‘Plot’ means space in a cemeteryowned by an individual or organization that is used or intended to be used forinterment, including a grave or adjoining graves, a crypt or adjoining crypts,a lawn crypt or adjoining lawn crypts, or a niche or adjoining niches.” TexasHealth & Safety Code § 711.038(25).

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Who getsthe plots when you die (to the extent not used for your internment)?If you have a Will, you must specificallydescribe the plots and then give them to one or more persons.Or, during your life, you may do a writtendeclaration, filed and recorded in the cemetery organization’s office, statingwho is to receive the plots upon your death.(Check with the cemetery organization as it may have a form it wants youto use.)

If you doneither, then the right to use (be interred) in your cemetery plots passes asfollows: (1) to your surviving spouse, (2) to your children in order of need “withoutthe consent of a person claiming an interest in the plot”, and (3) to yourheirs at law.Health & Safety Code §711.039 is where these rules are set forth; it is quite repetitive and not allthat clear,What is clear, however, isthat even though a cemetery plot is real property, unlike a deed to aresidence, commercial buildings, and raw land, its ownership is not conveyed byfiling a deed in the official public records.Its ownership is recorded with and controlled by the records of cemeteryorganization which controls the cemetery where the plot is located.Plots are different from other real property;see Oak Park Cemetery v. Donaldson, 148 S.W.2d 994 (Tex. Civ. App.-Galveston1940, writ dismissed) discussing that plots are a right of burial, akin to aneasement, license, or privilege.

Are youable to sell your cemetery plot to a friend who needs one for a deceasedrelative of theirs?Maybe and maybenot.You also have to check the contractwith and governing documents of the cemetery organization.You may be surprised to learn that if youwant to sell the cemetery plot, you may be required to sell it back to thecemetery organization, perhaps for the same amount paid for it.

If you havecemetery plots that are important to your family, please be sure to deal withthem by specifically describing them in your Will or completing paperwork withthe cemetery organization that directs who receives the plots upon yourdeath.What happens if the plots arelocated in a cemetery that no longer has an active cemetery organization?Consult an attorney. It could well be that the right to the plotswill just keep descending to the heirs of the original owners.All the living heirs might be required tosign off on any interment, such as the placing of ashes into a grave whichalready has a relative’s body buried there.This could become rather unwieldy.The living heirs might be able to designate one of them as an “agent” togive directions regarding the plots.

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