Legal Question in Civil Litigation in Maryland

Can't place my brother's urn in cemetary niche

I own a wall niche but somebody else has, who I don't know, has been in there since May. I want to bury my brother who is cremated already, but they won't let me. They were supposed to move him to a new wall. Can I sue for rent on this niche that I paid $4000 for? Can I sue for punitive damages?


Asked on 11/09/07, 8:14 am

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Can't place my brother's urn in cemetary niche

It depends on the terms of your contract (does it give you a property right in a particular location, and can they change the location), and, if so, probably on whether the trespass is intentional. You need to consult a lawyer who can review the contract and the facts.

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Answered on 11/09/07, 8:24 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Can't place my brother's urn in cemetary niche

Your contract should provide for the observances as were purchased. If funerary rights are not being observed contact an attorney.

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Answered on 11/09/07, 8:52 pm


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