What can be done to require cemetery to properly record burial plot deed?

Full question:

I purchased 4 burial plots at a cemetery in a rural area in Illinois. After receiving my deed I phoned the recorders office at Vermilion County and the recorder checked the Vo. and page number referenced on my deed, and found that page was blank. There is a Cemetery committee that is responsible for and the person that seems to be the person that takes care of issues does not understand the necessity for accuracy. How would you recommend I proceed? Are these small rural cemeteries required to record a legal description by a certified and licensed engineer or surveyor? Also are they required to record a plot? Would you quote and reference the law for cemeteries to provide proper Certified records properly recorded? Also if you would suggest what you think would be appropriate process for me to proceed. Also the appointment of these persons on the Cemetery committee do not understand my need for a correct deed or certificate of ownership. This cemetery has given me a Deed that does not match the records at the recorder office.

• Category: Real Property
• Date: 04/07/2025
• State: California

Answer:

If the deed wasn't recorded properly, you would have to try again by submitting the original deed to the recorder. The is recorded on the land records the same way all property transfers are handled. We are not aware of any requirement in Illinois for the recording office to provide extraordinary proof of the recording. Normally the original deed is returned to the grantee with a stamp on it stating when it was recorded and in what book/page it can be found by the public.

A blank page may not mean the deed was not recorded. All deeds must contain a legal description of the property conveyed. In the case of burial plots, often there is a reference to the name of the cemetery along with reference to a map or the specific description of the plot inside that cemetery, location of grave by plot, lot, block, tier, and grave number.

Most state laws require that cemeteries maintain a record of all plot sales and subsequent plot ownership, not only for burial purposes but also for transfers.

In Illinois the office of the Comptroller is commissioned to monitor the Cemetery Care and Burial Trust Online which is a web portal to rules and regulations regarding the licensing of cemeteries, funeral homes and crematories in the state of Illinois. Please see the link below for more information about regulations affecting the operation of cemeteries.