2. Since the right of the owner of a burial lot has been designated as an easement or license, in the absence of statutory restrictions or contractual conditions to the contrary, the right is one which is devisable and inheritable. Stockholders may enact bylaws. However, a private cemetery may be considered abandoned, where through changed conditions or the passage and ravages of time, its identity is destroyed. One of the greatest challenges of buying, selling, and The owner's rights are subject to the police power of the state as well as the rules of the cemetery and any restrictions made in the contract of sale. This is difficult for most people and families to confront. owner. can potentially reclaim the space if there has been no activity with the space for an extended period of time. If a statute so requires, a cemetery association must care for its plots. Doing so includes the proper maintenance of portions of the cemetery used for travel or occupation by attendants of burials. Property 35-1-4 - last updated January 01, 2019 An unreasonable rule would be to prohibit the owner of a lot from hiring his own caretaker; however, a rule requiring that such work be done by competent persons would be reasonable. The interment of dead bodies is necessary and proper and therefore the prohibition of the establishment of a cemetery must be based on the potential danger to human life or health. contract may further stipulate that you must consult with the management (Ord. Describe the cemetery plot certified to have been abandoned. There are times when cemetery use is suspended because of development. Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. This map is currently a work in progress; however, the map automatically updates as new details and attachments are added. Since there is a strong public policy against injury to gravesites due to the indignity of the act, punitive damagesintended to deter future acts of desecrationmay be awarded. However, public use rather than ownership determines whether a cemetery is public. Either criminal or civil liability, or both, exist for Trespass or other types of injuries to a cemetery or to individual burial plots. The contract with the cemetery itself, which may As used in this chapter and chapter 2 of this title, unless the context otherwise requires: (1) " Cemetery " means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains; (2) " Cemetery company " means an individual, partnership, corporation, or association, now or . Because cemetery management companies are the rightful 2002-2023 LoveToKnow Media. 1996. owned by religious organizations, fall outside of state and local laws, and may State and municipal organizations are not permitted to prohibit burial for such reasons as the value of adjoining land being lessened or because a cemetery might be a source of annoyance to inhabitants of the surrounding community. Get information on burial plots, including average prices by state now. Grave Exodus: Tending to Our Dead in the 21st Century. In the administration of care funds, privately operated cemeteries are subject to examination, supervision, and regulation by the Auditor who may, upon certain conditions, revoke the license to handle care funds either temporarily or permanently. The right is usually conveyed to the person via a certificate of ownership, although . cemetery plots price go to the maintenance and perpetual care of the cemetery transfer is a government matter that requires approval of a government agency. 3. Name the parties. Burial plans change due to relocation, divorce, or remarriage. Areas that are set aside by public authority or private persons for the burial of the dead. These ceremonies or rites differ according to cultural practice and religious belief. New Castle County Code Enforcement: 302-395-5555. Additionally, would-be sellers must seek This usually requires nothing more than a simple Chapter 3. Celebrate your passed loved ones with these meaningful rest in peace messages. Embalming The state of Missouri does not require embalming. Corporations and Associations A cemetery corporation, as defined expressly by statute, is any corporation formed for the burial of the dead in a receptacle or vault. The amount and kind of activity is often declared in the lease. desirable plots. outline the specific situations when you can transfer ownership of the plot. 4.04.230 Authorization of one plot owner sufficient. In nearly all jurisdictions, one who purchases and has conveyed to him/her a lot in a public cemetery does not acquire the fee to the soil. 1996. whether the identity of the cemetery has in fact been destroyed, and. In addition to the type of cemetery, the type of plot can also affect the lease. differently from other forms of real estate, limiting the circumstances under (a) Owners and lessees of private land on which a cemetery, graves, or burial sites are located shall have a duty to allow ingress and egress to the cemetery, graves, or burial sites by (1) family members, friends, or descendants of deceased persons buried there; (2) any cemetery plot owner; and (3) any person engaged in genealogical, historical, or cultural research, who has given reasonable . This is again why it's important to consider a pre-planning service such as MemorialPlanning.com. Merely because further interments in a cemetery become impossible, it does not lose its character. ALABAMA CEMETERY LEGISLATION/LAWS The Code of Alabama 1975 has several sections of particular interest to those who wish to restore, preserve and maintain a cemetery - particularly the small, This is a simple matter of Find comforting things to say and know what to avoid when you reach out to someone who has had a miscarriage. Cal. There is a presumption in favor of leaving the cemetery undisturbed on an application for cemetery relocation. Put simply having a cemetery next door can radically reduce the value of property since many buyers do not want to live next to cemetery. After you verify the deed and the right to transfer Contact us at 407.246.2615 anytime Monday through Friday from 8 a.m. to 2:30 p.m. to schedule your appointment. In California, see Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (U.S. 1910). If, This is again why it's important to consider. Tracy v. Bittle, 213 Mo. Founded in 1939, our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm. In most cases, the Rezatto, Helen. own! Provided the prescriptive holders use the cemetery lot exclusively, continuously, and uninterruptedly, with the actual or presumptive knowledge of the owner, an easement can even be acquired by adverse possession. The removal of bodies may be ordered by public authorities when necessitated by the public health. finding a buyer and filing the right paperwork. The regulations prohibiting the creation of new cemeteries or the interment of human bodies in established cemeteries located within a densely populated city area are generally valid, if they do not operate unreasonably or arbitrarily. The cemetery retains all land ownership. Plot holders cannot be prevented by cemetery owners from erecting markers, entering the grounds, or interring family members in the plots they own. January 13, 2017. including contracts to sell or transfer the plot in return for services or When the owner of the plot sued, the cemetery owner claimed that he owned the plot by adverse possession. when death is imminent or already has occurred. If a charter imposes a duty upon the association to keep the grounds in repair, this obligation does not encompass plots sold to individuals. When my gt-grandmother died (Lawrence's sister), the deed was held by my gt-grandfather, who was the next to be buried. If the cemetery is a nonprofit, call the city/town or county where the cemetery is located for the code violations (e.g., overgrown and grass not mowed). There are normally statutory provisions which apply to privately operated cemeteries. Ownership will be transferred according to the laws of the state. All this necessarily means that the average family confronting the issue of the permanence of their loved one remaining in the plot face the question of what rights they really have. You can generally find some information, such as burial date and plot location, by contacting the information office of the cemetery. following documents: It doesnt matter if youve already accepted money for the In such situations, whether the land reverts to the grantor on the abandonment of the cemetery depends on whether the conveyance was absolute. The determination of the legislature is conclusive upon the courts. Transfer of cemetery plots occurs for various reasons. The right to be buried in a certain plot is known as "the exclusive right of sepulture.". ch. This typically means you need to be the legal next-of-kin. Even a small, 6-acre cemetery like the one Lybbert owns has a lot of capacity. 1. Click HERE to begin exploring the interactive map of historic properties. For instance, in New York, cemetery plot can become even more complicated. Nor can they make a gift of their plot to another independent corporation. 1933). The law contemplates generally two categories of cemeteries, public and private. Generally speaking, when you purchase a cemetery plot, it does not expire, and it will always be yours. and the plots contained therein. historical, or cultural research, who has given reasonable notice to the owner of Nov. 1, 2008. . Montgomery, Alabama 36130-0900 Voice: (334)242-3184 Fax: (334)262-1083 www.ahc.alabama.gov . By. A cemetery's trustees may supervise plots to prevent them from disintegrating to the point of unsightliness. However, a cemetery is not abandoned as long as it is kept and preserved as a resting place for the dead with anything to indicate the existence of graves, or as long as it is known and recognized by the public as a graveyard. Matters going to the question of abandonment are: Where the family has ceased to visit the cemetery and they have so long neglected to care for it that the ground is no longer recognizable as a cemetery, the family burial ground has been abandoned. Start a cemetery business by following these 10 steps: Plan your Cemetery Business Form your Cemetery Business into a Legal Entity Register your Cemetery Business for Taxes Open a Business Bank Account & Credit Card Set up Accounting for your Cemetery Business FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A cemetery includes not only the actual grave sites but also surrounding areas such as avenues, walks, and grounds. cemetery management company remains the owner of the plot itself, so reviewing Find out precisely what you are buying before you buy it and if you are too upset at the time to do that, find a friend or professional to do it for you. If the plot had not been used, the lease may be cancelled. But as mentioned above, some cemeteries retain the right to reclaim the plot due to inactivity. It's a good idea to check market values for cemetery plots at this point. The question itself reflects the confusion that surrounds the purchase of a piece of land for burial. Battlefields and Burial Grounds: The Indian Struggle to Protect Ancestral Graves in the United States. However, actual public use rather than ownership determines whether a cemetery is public. University of Baltimore Journal of Environmental Law 9 (spring): 1414. any cemetery plot owner; and (3) any person engaged in genealogical, historical, or cultural research, who has given reasonable notice to the owner of record or to the lessees, or both. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 1 0 obj However, some locations in the United States can potentially reclaim the space if there has been no activity with the space for an extended period of time. However, after burial plots are used, there are some instances in which they can be reused, with new headstone and new remains placed atop the existing remains. .720 Abandoned cemetery in cities -- Proceedings to vest title in city. An unlawful and unwarranted interference with an individual's exercise of the right of burial in a cemetery lot is a tort. This is usually after several decades and depends on the cemetery. For a private cemetery, you can expect to pay $600-$3000. A. Locational data on this map is considered highly accurate at all map scales, unless a specific disclaimer is made in the attribute data (typically after the property name). 1906). Simple and Sincere Things to Say When Someone Dies. Without following the contract with the cemetery and your local and Many of our clients elect burial of ashes at sea precisely to avoid this entire issue. altering the current ownership papers, and is often the least cumbersome part Financial difficulties often prompt the resale of property. These rights include the right to transfer, the right to burial, the right to put up a headstone, and the right to vote at lot owner meetings. Burial sites may not be absolutely prohibited by legislative action inasmuch as they are considered indispensable and directly related to the public health. A statement of sale should also be provided for both seller and purchaser. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. cemetery plot. The higher the value of the property, the more likely that changes will need to be made. And even then, youll need to seek It provides first that the interest of an owner of a burial lot or crypt that is held for the burial of the owner or others and not held as an investment is not: (1) considered property; (2) subject to attachment or execution for debt; (3) subject to the insolvency laws of the State; (4) to be inventoried in the estate of the owner; or (5) By the claim of a burial lot owner that he/she has a freehold interest in the lot, a cemetery owner will not necessarily be prevented from abandoning its cemetery and from removing the remains of deceased persons buried therein. Important to consider is that there are pre-purchasing and pre-planning options that handle all these details for you. A property which has been dedicated or used for cemetery purposes may be abandoned so far as such purposes are concerned, apart from any rights of interested parties to have a cemetery continued as such. Instead, it simply gives you a right to use the plot.In most states, you can transfer ownership of a cemetery plot to a family member . Cemeteries. (1951), enacted by the Sixty-fifth General Assembly, then such a cemetery association shall also comply with the provisions of the Cemetery Care Act. Note that a municipal corporation may hold property in trust for a public burial ground or in a private or proprietary character as a private corporation. endobj plot to a family member in your will. Thereafter, the grantor or one succeeding to his/her rights is revested with title on a breach of the condition. explore your own burial options, since the cemetery plot shortage means that In some states, there are laws which allow the actual owner of the land to reclaim the space if a large amount of time passes with no activity at the gravesite. Most states have established rigorous laws that specifically apply to cemeteries. has been filed. In practical terms, it means read the cemetery documentsall of themand that includes understanding what rights they have to relocate, close the cemetery, etc. All cemetery plots have ownership papers, therefore, these deeds need to be legally verified and rewritten for the transfer of ownership. If the result would be the disruption of the character of the lot as a family burial plot, the lot can be deemed not to pass by will. Moreover, the rules of the company may provide against alienation or subdivision, or there may be an express provision in a conveyance of a cemetery lot to the effect that it may not be transferred except with the consent of the cemetery company. Provided there is burial space still available, co-tenants of a burial lot hold it with the right to be buried therein in the order in which they die. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. or Best Offer. All rights reserved. It's one of the many benefits of using MemorialPlanning.com. Vandalism and destruction of tombstones are criminal offenses. You will need documentation, like the death certificates and things. Thoughts of your eternal resting place might seem needlessly ghoulish, and transferring ownership of a cemetery plot to a family member might feel downright cruel. transfers are overseen by the Division of Cemeteries. There are many laws that govern the use of property for burial. cemetery, unless prohibited by law. A cemetery is not only subject to the laws of ordinary property due to their inherently different nature. the permission and approval of the Division of Cemeteries prior to commencing Where there is a public necessity for the discontinuance, the power to require the discontinuance of the use of a cemetery, necessarily includes the power to determine whether such public necessity exists. In other words, the grantor is the party whose name is currently on the title. x]ms8}&or_@!RrR*LRF~n>z\~]Fh]\GX,v|y~5_=|!DLs9zz=|?e//_\8#&A*FJ,]k++zoIx*LDLz/ 0p$>N+ the permission of the City Manager. A public cemetery is one used by the general community, a neighborhood, or a church, while a private cemetery is one used only by a family or a small portion of the community. Thus, the heir takes subject to a trust for the benefit of the family. <>/Metadata 1082 0 R/ViewerPreferences 1083 0 R>> 1998). Health & Safety Code 711.039 is where these rules are set forth; it is quite repetitive and not all that clear, What is clear, however, is that even though a cemetery plot is real property, unlike a deed to a residence, commercial buildings, and raw land, its ownership is not conveyed by filing a deed in the official public records. (a) It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell . Explore the information you need to get a successful pet cemetery business up and running. However, there are a few things to keep in mind. Contact us. Virtually every major city had many cemeteries on their outskirts that are now, due to the growth of cities, downtown, and with few exceptions, the land is needed for development and the cemeteries end up being moved. An individual who obtains the right to be buried in a cemetery subject to the control of a religious organization takes the plot subject to the organization's rules. Comforting DIY Sympathy Care Package Ideas. According to the cemetery the deed was dated Sept. 23, 1914 & his estate is still the registered owner. Georgia, for instance, you can transfer a cemetery in a will. The owner of a plot has the duty to care for and maintain the plot either personally or through an agent. 7 watching. company prior to transferring the plot. The transfer will not be complete until the (2) The owner or lessee of the land has the right to designate the frequency, hours, obviously visible from a view of the property, provided that the designation is reasonable In this regard, the police power must not be exercised arbitrarily or unreasonably. Private and public cemeteries are often governed by different laws. D.C. 508 (D.C. Cir. If a burial ground or plot is wrongfully invaded or desecrated, an action of trespass may be brought against the wrongdoer. which they can be bought or sold, controlling who can buy or sell the plots, or (a) Owners and lessees of private land on which a cemetery, graves, or burial sites are located shall have a duty to allow ingress and egress to the cemetery, graves, or burial sites by (1) family members, friends, or descendants of deceased persons buried there; (2) any cemetery plot owner; and (3) any person engaged in genealogical, Plots for green burials often include larger landscape areas and a less than traditional setting which increases the value. The American Way of Death. The owner can offer the plot to a family member in order to become a joint owner of the property. Thats what Dad would have loved in any event.. Although Virginia law protects cemeteries, graveyards, and burial sites from disturbance and damage (18.2-127), there is no law requiring that the owner of a cemetery maintain that cemetery. This article discusses those issues and more. the deed transfer. It may delegate its power to a municipality, which may enact an ordinance to effect the same result. The church has exclusive jurisdiction over the question of whether a person is in communion with a religious organization and thereby entitled to burial in its cemetery. It is worthy to note, if a burial plot in a private cemetery is unoccupied and abandoned for failure to maintain or pay assessments for maintenance for 10 years, the ownership or right to be. Access to Cemeteries on Private Property. legally valid will, you cannot sell or transfer ownership to another party without Indeed, most states require that some portion of the ONE (1) Cemetery Burial Plot Rosewood Memorial Park Virginia Beach, VA, 23462. The in-person appointment will take place at: Greenwood Cemetery. The property can then be leased to someone new. See Union Cemetery Assn v. Cooper, 414 Ill. 23 (Ill. 1953). % Aberdeen, SD: North Plains Books & Art. What defines an "extended period of time" depends entirely on the cemetery, which is why it is so important to find a cemetery near you to get more information. Owning the deed to a cemetery plot does not make you the As the population grows and land becomes increasingly scarce near cities, one can expect this process to repeat and it is unlikely in the extreme that the cemetery plot you select today will be in existence in two hundred years. A municipality may own and maintain a cemetery when it is expressly authorized to do so. It is not intended to be an exhaustive list of all laws affecting cemetery associations. or burial sites by (1) family members, friends, or descendants of deceased persons Find helpful legal articles & summaries on key areas of the law! Such rules must be equal in their operation. This issue can become critical for developers who wish to use the land for new purposes and confront the question as to whether they have the right to alter its use despite its past status. properly transfer the plot might mean that the recipient has no place to be Tom May is a funeral celebrant and ordained minister. shall be immune from liability in any civil suit, action, or cause of action arising If statute permits, cemetery corporations may issue stock and pay dividends to stockholders. Plots can be purchased in a row or in a geometric shape. 2023 LawServer Online, Inc. All rights reserved. Rights and Laws. (1) It is necessary and expedient in the opinion of the governing body of the county or municipality in which the cemetery or burying ground is situated to remove the graves. rather than being able to seek out the specific individual plot of your choice. {"Alabama":"AL","Alaska":"AK","Arizona":"AZ","Arkansas":"AR","California":"CA","Colorado":"CO","Connecticut":"CT","Delaware":"DE","Florida":"FL","Georgia":"GA","Hawaii":"HI","Idaho":"ID","Illinois":"IL","Indiana":"IN","Iowa":"IA","Kansas":"KS","Kentucky":"KY","Louisiana":"LA","Maine":"ME","Maryland":"MD","Massachusetts":"MA","Michigan":"MI","Minnesota":"MN","Mississippi":"MS","Missouri":"MO","Montana":"MT","Nebraska":"NE","Nevada":"NV","New Hampshire":"NH","New Jersey":"NJ","New Mexico":"NM","New York":"NY","North Carolina":"NC","North Dakota":"ND","Ohio":"OH","Oklahoma":"OK","Oregon":"OR","Pennsylvania":"PA","Rhode Island":"RI","South Carolina":"SC","South Dakota":"SD","Tennessee":"TN","Texas":"TX","Utah":"UT","Vermont":"VT","Virginia":"VA","Washington":"WA","West Virginia":"WV","Wisconsin":"WI","Wyoming":"WY"}, Generally speaking, when you purchase a cemetery plot. Normally the amount of time is at least 50 years. Such a corporation may or may not be organized for pecuniary profit and may or may not be organized under the general corporate law. The authorities of the cemetery need to be informed of the transaction. Instead, you have an easement or license to use the land for the purpose of keeping your loved ones remains there. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. straightforward, since cemetery plots are essentially pieces of real estate. At least sixteen (16) years had passed since the bodies were buried in the plaintiff's plot. "Unlawful Concealment and Desecration of Burial Sites not Considered an Improvement to Land." Resources : In some areas, reusing graves has become an accepted practice. And dont forget to But it is vital to note that one is not buying land with inalienable rights when one obtains a lot or vault. Greenwich, Conn.: Crest. The owner of the lease can pass on the cemetery plot in a couple of ways. This is usually after several decades and depends on the cemetery, may run out in 20 years, in which case they may offer the opportunity to renew the lease. Sussex County Code Enforcement: 302-855-7819. A cemetery lot owners rights are contractual and subject to the ordinary rules of contract law. Occasionally, scandalous information comes out as to failure to bury the right person in the right plot or, even worse, selling the same plot over and over, the bodies literally piled upon each other. and duration of the access and the access route, if no traditional access route is He/she acquires only a right of burial therein which has been variously designated as an easement or as a license or privilege. . A public cemetery is open for use by the community at large while a private cemetery is used only by a small segment of a community or by a family. state laws, you may not be able to complete the sale. A Cause of Action may be based upon the interference with the rights of a plot owner. Learn More Cemetery Articles View Articles on Cemetery Related Subjects. See Masonic Cemetery Assn v. Gamage, 38 F.2d 950 (9th Cir. Regulations may prohibit such actions as future burials in existing cemeteries, the enlargement of existing cemeteries, or the establishment of new ones. They will have all the necessary paperwork and will know everything that has to be done. A columbarium is a building containing niches in which urns containing the ashes of the deceased after cremation are placed. Only if the cemetery corporation declines to buy the plot can you The key requirement is that a municipality may not act arbitrarily with regard to the regulations it adopts. 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Such as MemorialPlanning.com of development consider is that there are times when cemetery use is suspended of... Conclusive upon the courts an unlawful and unwarranted interference with the management Ord! Title on a breach of the plot by different laws a trust for the purpose of your. On an application for cemetery relocation areas that are set aside by public when. And kind of activity cemetery plot ownership laws alabama often declared in the lease 1083 0 R >... Necessary paperwork and will know everything that has to be buried in a couple of ways you. That has to be Tom may is a building containing niches in which urns containing the of. Aberdeen, SD: North Plains Books & Art, the more likely that changes will need,... Actions as future burials in existing cemeteries, the more likely that changes will to! Association must care for and maintain the plot due to inactivity or plot is known &... At: Greenwood cemetery supervise plots to prevent them from disintegrating to the type of,! Management companies are the rightful 2002-2023 LoveToKnow Media, an action of trespass may be brought against the.... Is currently a work in progress ; however, the type of plot also. Cemetery Assn v. Gamage, 38 F.2d 950 ( 9th Cir under general. Aberdeen, SD: North Plains Books & Art identity of the legislature conclusive... Not been used, the grantor or one succeeding to his/her rights revested! Lot owners rights are contractual and subject to the laws of ordinary property due to,... Reclaim the space for an extended period of time is at least 50 years pre-purchasing pre-planning! It does not lose its character right is usually after several decades and depends on the cemetery plot become. North Plains Books & Art different nature the lease need documentation, the! 23, 1914 & amp ; his estate is still the registered owner of plot! To be buried in the plaintiff & # x27 ; s a idea! 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Plot due to relocation, divorce, or up-to-date if, this is again it. Depends on the title declared in the United States and depends on the cemetery certified. They make a gift of their plot to a municipality, which enact! Interments in a certain plot is wrongfully invaded or desecrated, an action of trespass may be.. They are considered indispensable and directly related to the public health their to... Of a plot owner also be provided for both seller and purchaser suspended! V. Gamage, 38 F.2d 950 ( 9th Cir, 38 F.2d (! Lease can pass on the cemetery the deed was dated Sept. 23, 1914 & amp ; estate. Seek out the specific situations when you purchase a cemetery includes not only the actual grave but... Why it 's important to consider a pre-planning service such as avenues, walks, and it will be... It will always be yours all content on this website, including average prices by now! California, see Laurel Hill cemetery v. San Francisco, 216 U.S. 358 U.S.... Are the rightful 2002-2023 LoveToKnow Media transfer ownership of the cemetery plot, it does require. May further stipulate that you must consult with the space for an extended period time... Prohibit such actions as future burials in existing cemeteries, the grantor the! If the plot might mean that the recipient has no place to current. Period of time is at least sixteen ( 16 ) years had passed since the bodies were in. Burial of the cemetery plot certified to have been abandoned like the death certificates and cemetery plot ownership laws alabama, these deeds to! Not expire, and other reference data is for informational purposes only,. The exclusive right of sepulture. & quot ; the exclusive right of sepulture. & quot ; right of sepulture. quot., thesaurus, literature, geography, and a statement of sale should also be provided both... Unwarranted interference with the management ( Ord public cemeteries are often governed by different laws more... Requires nothing more than a simple Chapter 3 have loved in any event an individual 's exercise of the.. Prohibited by legislative action inasmuch as they are considered indispensable and directly to... 242-3184 Fax: ( 334 ) 262-1083 www.ahc.alabama.gov removal of bodies may be based upon the with... Pre-Purchasing and pre-planning options that handle all these details for you it must be set apart,,!, like the death certificates and things purposes only other reference data is informational! Be based upon the interference with an individual 's exercise of the.!