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 New Mexico, when you purchase a cemetery plot, you are granted the exclusive right of sepulture, meaning you have the right to be buried in that specific plot of land. This right is typically outlined in the contract or agreement signed at the time of purchase. New Mexico state statutes, along with the bylaws of the cemetery corporation and any applicable real property deeds, such as a quitclaim deed, govern these rights. If the plot is purchased during marriage, New Mexico's marital or community property laws may also influence ownership rights. The transfer of ownership of a cemetery plot may be executed through a quitclaim deed or similar legal instrument, and the original contract or state laws may impose restrictions on the ability to transfer the plot through a will or to designate who may be buried in the plot, especially in cases of multiple burial spaces within a single plot.