When you buy a cemetery plot you have the exclusive right to be buried in that plot of land—also known as a right of sepulture (burial or interment).

Laws and definitions of terms vary from state to state but your rights are generally governed by the contract or agreement you sign when you buy the plot; by state laws (statutes) regarding cemeteries and plots; by corporate bylaws for the cemetery corporation that owns and manages the cemetery; by any restrictions in the real property deed (quitclaim deed) used to convey the plot to you; and if you are married when you purchase the plot, by state laws governing marital or community property rights.

Because the right of sepulture is effectively a sale of the land where the plot is located a quitclaim deed or other real property deed may be used to convey or transfer ownership of a plot from the cemetery corporation or a plot owner to a new plot owner.

These laws and agreements may also limit your right to transfer by will ownership of any part of your plot and the right to be buried in the plot (if it is a double plot, for example).

In Delaware, when you purchase a cemetery plot, you acquire the exclusive right of sepulture, meaning you have the right to be buried in that specific plot of land. This right is typically governed by a combination of the purchase contract, state statutes, corporate bylaws of the cemetery corporation, any applicable real property deeds, and potentially marital property laws if you are married at the time of purchase. Delaware law may require the use of a quitclaim deed or similar legal instrument to transfer ownership of the cemetery plot from the seller to the buyer. The ability to transfer ownership of the plot or rights to burial via a will may be subject to restrictions based on the aforementioned legal documents and laws. It is important for individuals to review their contracts and understand the relevant state statutes and corporate bylaws that apply to their specific situation to fully comprehend their rights and any limitations concerning their cemetery plot.