Under the statutes of the State of Ohio, a municipal corporation may realize no profit from the sale of cemetery lots. Therefore, the prices fixed for lots in the City of Lorain cemetery are based upon the actual cost of development and maintenance only.
Every lot or single grave is sold subject to the rules and regulations now in force or that may be hereafter adopted, and to such changes of the present rules and regulations that are found necessary for the protection of lot owners and the general landscape effect of the cemetery.
Lots are exempt from taxation and cannot be seized for debt, nor attached by any process of law, nor can they be mortgaged. The courts have held that a deed to a cemetery lot represents personal property, not real estate, and that a surviving spouse has no dower rights therein; however, his/her right of burial in the lot may not be denied. The deed to a lot conveys only burial rights and the title to the land remains with the City of Lorain.
The ownership to a deed to a lot does not confer any right to do planting or erect a monument, mausoleum, vase or such upon said lot. The ownership of a deed to a lot does not confer the right to sell, transfer or assign such lot or any portion thereof. Such sales, transfers or assignments are privileges, which may be granted or refused by the Service Director, and his approval shall be endorsed on the conveyance. The City of Lorain reserves the right of repurchase of a lot at the price paid for same, when the owner has been granted permission to dispose of same.
When a lot is conveyed by the City of Lorain to two or more persons, they take tenants in common. In such case, upon the death of one, their interest goes to their heirs. If a deed is made to husband and wife, upon the death of one, the entire title rests in the name of the surviving spouse. When husband and wife are both living, joint ownership is advised. The City of Lorain strongly advises against the purchase of lots in partnership in any other relationship. Experience has proven that such ownership invariably leads to disagreements and subsequent court actions. The City of Lorain will not hold itself liable or record any private agreement(s) between partners in such ownership. To prevent interment, it will be necessary for one of the owners to prohibit the opening of graves on such lot by court order; otherwise, burial will be permitted by order of any of the owners.
Removal of Bodies
The removal of any body(ies) of the deceased lot owner or his family by the heirs for profit or other reasons not considered proper by the Service Director, shall not be permitted. Upon the death or judicially declared incompetence of a lot owner, it is the duty of the heirs, devisees, or guardian to file with the City of Lorain competent proof of their right to the use of the lot. Furthermore, burial upon a lot may not be permitted until such proof is presented. The owner of a lot may, during his lifetime, designate, in writing, to the City of Lorain, the names of those family (or near relatives) whom he wishes to have interred upon his lot. Such writing shall be filed with the office copy of the deed and the Service Director will see to it that none but those so designated are interred therein.
Preservation of Lots
The grade line of all lots and single graves are established before lots or graves are sold and shall not be changed, as the deed to a lot conveys only the right of burial therein. The City of Lorain retains control and supervision of all lots that have been sold. It shall be the duty of the supervisor to enter upon any lot(s) and prohibit, modify or remove any structure, object, improvement, or adornment on such lot(s) which may have been placed thereon in violation of the rules, or which may be considered objectionable or injurious to the lot(s) or adjoining lot(s), or the general appearance of the cemetery.