How freely assignable are cemetary plots?

I owned 3 cemetery plots and needed to sell them last month. I was informed by the cemetery that my only options were to give them to a family or friend or sell them back to the church at the price my mom paid 37 years ago ($25 each). I was told by another cemetery agent this week that this was illegal. When I contacted my cemetery about it they said they were within their rights but if I wanted to buy back my plots they would sell them to me for $2250. Are they legally allowed to prohibit me to sell them on my own?

Asked on January 11, 2013 under Real Estate Law, Pennsylvania


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, contract law in your state based on statutes and case law will prevail on this topic. If the contract details are unreasonable or unconscionable, then the contract could be voided and it could simply be based on the law of supply and demand. You can sell your own plot and you should look into resale online companies. Check your contract but I don't think you have to sell it back to the church.

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