STATE STATUTES & CODES
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ARKANSAS STATUTES AND CODES
§ 20-17-1019 - Conveyance of lots.
20-17-1019. Conveyance of lots.
(a) An instrument of conveyance or deed for burial lots, plots, or parts thereof shall be issued to the purchaser upon complete payment of the purchase price.
(b) Only the cemetery company or its agents may sell or convey lots, grave spaces, crypts, niches, or parts thereof, except that:
(1) The owner of any lot, grave space, niche, crypt, or part thereof may sell his or her lot or part thereof if he or she first has offered its transfer in writing to the cemetery company at the purchase price then being charged by the cemetery company for similar lots and if the cemetery company refused the offer within thirty (30) days after the offer; or
(2) An owner may convey or devise to the cemetery company his or her right and title in and to any lot, grave space, niche, crypt, or part thereof.
(c) The secretary or other responsible officer of the cemetery company shall file and record in its books all instruments of transfer.
(d) The conveyance shall be signed by the persons having proper authority.
(e) Any mortgage or lien on the cemetery land by a permit holder shall not encumber any burial space that has been sold prior to the granting of the mortgage or creation of the lien.
(f) (1) To ensure that all burial spaces remain unencumbered, the permit holder shall file with the Arkansas Cemetery Board before execution of any mortgage or creation of any lien a notarized statement reflecting the specific description of the land to be affected by the mortgage or lien and a waiver or release by the proposed mortgagee or lienholder of any claim or right to any burial space for which an instrument of conveyance or deed has been or may be executed.
(2) The failure of a permit holder to comply with the requirements of this subsection shall be grounds for the board to require an additional contribution to the permanent maintenance fund of the cemetery in an amount not exceeding one thousand dollars ($1,000) for each burial space encumbered.
(a) An instrument of conveyance or deed for burial lots, plots, or parts thereof shall be issued to the purchaser upon complete payment of the purchase price.
(b) Only the cemetery company or its agents may sell or convey lots, grave spaces, crypts, niches, or parts thereof, except that:
(1) The owner of any lot, grave space, niche, crypt, or part thereof may sell his or her lot or part thereof if he or she first has offered its transfer in writing to the cemetery company at the purchase price then being charged by the cemetery company for similar lots and if the cemetery company refused the offer within thirty (30) days after the offer; or
(2) An owner may convey or devise to the cemetery company his or her right and title in and to any lot, grave space, niche, crypt, or part thereof.
(c) The secretary or other responsible officer of the cemetery company shall file and record in its books all instruments of transfer.
(d) The conveyance shall be signed by the persons having proper authority.
(e) Any mortgage or lien on the cemetery land by a permit holder shall not encumber any burial space that has been sold prior to the granting of the mortgage or creation of the lien.
(f) (1) To ensure that all burial spaces remain unencumbered, the permit holder shall file with the Arkansas Cemetery Board before execution of any mortgage or creation of any lien a notarized statement reflecting the specific description of the land to be affected by the mortgage or lien and a waiver or release by the proposed mortgagee or lienholder of any claim or right to any burial space for which an instrument of conveyance or deed has been or may be executed.
(2) The failure of a permit holder to comply with the requirements of this subsection shall be grounds for the board to require an additional contribution to the permanent maintenance fund of the cemetery in an amount not exceeding one thousand dollars ($1,000) for each burial space encumbered.
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