What happens if the original cemetery lot paperwork was never recorded—can I still sell the lots? – North Carolina

Short Answer

Possibly, but an unrecorded cemetery-lot “deed” often creates a title problem that can prevent a clean resale in North Carolina. Even when a seller has paperwork, the cemetery’s own records and transfer rules usually control whether the buyer will be recognized as having burial rights. In many cases, the practical fix is to work with the cemetery to complete its transfer process and, if appropriate, record a confirmatory instrument so the chain of title is clear.

Understanding the Problem

In North Carolina, can a person sell cemetery lots when the person has paperwork labeled as a deed but the earlier paperwork may never have been recorded? What happens when the cemetery treats the interest as “burial rights” and requires its own transfer paperwork before it recognizes a new owner? The key trigger is whether the cemetery will acknowledge the transfer on its books and issue updated evidence of ownership or rights for the specific lot, plot, or space.

Apply the Law

North Carolina generally follows a “recording” system for land instruments: recording in the county Register of Deeds protects a purchaser against later purchasers and lien creditors. Cemetery lots, however, can function differently from ordinary residential or commercial parcels. The paperwork may be called a deed, but the transferable interest is often a limited right of interment governed by the cemetery’s rules and its ownership records. As a result, the main forum is often (1) the cemetery operator’s office for the required transfer and (2) the county Register of Deeds for recording when the instrument is recordable and recording is needed to protect the buyer’s interest.

Key Requirements

A transferable interest exists: The seller must actually hold the cemetery lot interest being sold (often shown by the cemetery’s ownership records and any issued certificate or deed).
The transfer is recognized by the cemetery: The cemetery typically must process the transfer under its rules (often requiring forms, fees, and evidence that the lot is not already used or restricted).
Recording issues are addressed: If the interest is treated as an interest in “land” for recording purposes, an unrecorded instrument can leave a buyer exposed; recording (or a recordable confirmatory document) helps create a clear chain of title.

What the Statutes Say

N.C. Gen. Stat. § 47-18 (Conveyances; registration) – An unrecorded conveyance of land is not effective against later purchasers for value or lien creditors until it is recorded in the county where the land lies.
N.C. Gen. Stat. § 65-60 (Cemetery records) – Cemetery companies must keep burial and other records, including records tied to lots, plots, and spaces.

Analysis

Apply the Rule to the Facts: The paperwork described as a general warranty deed supports that a transfer was intended, but if it was never recorded, a later buyer may not be protected the way a buyer expects in a typical real estate deal under North Carolina’s recording rules. Separately, if the cemetery treats the interest as burial rights and relies on its own books, the cemetery may refuse to recognize a new buyer until its internal transfer process is completed. The inconsistent guidance described often comes from this split between “recording system” expectations and “cemetery records/control” realities.

Process & Timing

Who files: The current lot holder (seller) and sometimes the buyer. Where: First, with the cemetery operator’s office; second, if appropriate, with the Register of Deeds in the North Carolina county where the cemetery is located. What: The cemetery’s transfer forms and any required supporting documents (such as the prior deed/certificate); if recording is appropriate, a properly executed, acknowledged instrument suitable for recording (often a deed, assignment, or confirmatory instrument, depending on how the cemetery interest is structured). When: Before closing with the buyer or immediately after signing so the buyer can be recognized by the cemetery without delay.
Verification step: The cemetery confirms the lot/space identifiers, checks whether the rights are unused or restricted, and confirms the seller matches the owner shown in its records. Timeframes vary by cemetery and county practices.
Completion: The cemetery updates its ownership/burial-rights records and issues updated evidence of ownership/rights to the buyer; if recorded, the Register of Deeds indexes the instrument in the public records.

Exceptions & Pitfalls

“Deed” label does not guarantee fee simple ownership: Many cemetery lot transactions convey a limited right of interment subject to cemetery rules, not the same ownership as a house lot. That can change what form is appropriate and what a buyer is really purchasing.
Cemetery transfer restrictions: Cemeteries commonly require their own paperwork and may refuse to honor private transfers that bypass their process. A buyer can end up with paper that does not get them recognized on the cemetery’s books.
Unrecorded chain of title: Even with a signed document, a gap in recording can create disputes about who has priority if there are competing claims, liens, or later transfers.
Used or partially used lots: If burials already occurred or rights were partially exercised, the remaining interest may be limited, and some cemeteries restrict resale in that situation.
Wrong county or missing acknowledgments: If the document is recordable, it usually must be properly notarized/acknowledged and recorded in the county where the cemetery lies. Recording in the wrong county or with defective execution can cause rejection or later challenges.

Conclusion

In North Carolina, the ability to sell cemetery lots when the original paperwork was never recorded often turns on two things: whether the seller actually holds the transferable cemetery-lot interest, and whether the cemetery will recognize the buyer after the transfer. An unrecorded instrument can leave a buyer unprotected under the recording rules for land conveyances. The most important next step is to confirm ownership with the cemetery and then complete the cemetery’s transfer paperwork and record any appropriate instrument with the county Register of Deeds promptly after signing.

Talk to a Real Estate Attorney

If you’re dealing with an unrecorded cemetery lot transfer and a buyer is waiting, our firm has experienced attorneys who can help clarify what is being sold, what the cemetery will require, and what should be recorded to protect the transaction. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.