Cemetary Association: FAQ

Q: Are there any burial plots available for purchase within the Town of
Cumberland?

A: Yes, there are six public cemeteries within the Town of Cumberland, five of which have burial sites available for “purchase.” In more precise terms, the Town of Cumberland sells “rights of interment” to each burial site or “lot.” The five cemeteries with rights of interment available for purchase now are:

1. Methodist Cemetery, Corner of Blackstrap and Upper Methodist Roads
2. Universalist Cemetery, Morrison Hill (near corner of Gray Road and Mill Road)
3. Farris Cemetery, Corner of Blanchard and Bruce Hill Roads
4. Moss Side Cemetery, Main Street
5. Foreside Cemetery, Route 88 at boundary of Falmouth and Cumberland

The prices for rights of interment at the present time are $450 for full-size burial lot and
$250 for cremation lots. If anyone is interested in buying a right of interment in any of these cemeteries, they may
contact any of the following people for more information: Cumberland Town Clerk, Tammy O’Donnell, 829-2205 (alternatively, Deb Flannigan, 829-5559) Superintendent of the Cumberland Cemeteries, Chris Stilkey of D.C. Stilkey & Son, Inc., 865-3940 All of these cemeteries are managed by the Cumberland Cemetery Association and
payments for interment rights should be made to that organization. The Town of
Cumberland, however, owns the cemetery lands and issues the rights of interment. Half
of all sales proceeds are set aside in a perpetual care fund and the earnings from this fund
are used to support the annual maintenance of the cemeteries.

If anyone is interested in purchasing a right of interment in Congregational Cemetery, which is at the corner of Tuttle Road and Main Street, the Association would explore the possibilities with the interested party.  Fees and conditions for the purchase would be set taking the special conditions of this cemetery into account.

Q: Is there Maine law restricting the re-sale of cemetery lots?

A: Yes. Sale of cemetery lots for speculation or investment is clearly against the law. Maine statute states:

The sale of cemetery lots and plots, or the sale of crypts in a community mausoleum or niches in a columbarium for speculative or financial investment purposes, or the conveyance of any portion of a cemetery already dedicated to burial purposes as security for debt, is prohibited. Every such conveyance, whether made by a person or by a cemetery association, or by a company or association owning and operating a community mausoleum, crematory or columbarium, or by any holding, development or subsidiary company, shall be void and of no effect. 13 M.R.S.A. §1304

Violation of this statute is a misdemeanor. Moreover, any proceeds from such a sale must be applied “solely to the management, superintendence, improvements and maintenance of the cemetery.” 13 M.R.S.A. § 1305. Funds must be applied first to liquidation of debt and any residue deposited into a fund for permanent care of the cemetery. Id.

Therefore, Maine law prohibits the resale of cemetery lots for any for-profit sale, other
than for the purposes of retirement of debt or permanent care and improvement fund.