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Trustees discuss surveying, deeds and legal steps for rediscovered 'Poor Farm' burial site
Summary
Trustees reviewed options to record a rediscovered cemetery on private property, agreed to seek guidance from NHMA and the registry of deeds, and directed staff to prepare a summary for legal review and to approach the select board administrator for next steps.
Trustees discussed next steps for a rediscovered burial site known as the Poor Farm cemetery that was previously declared abandoned and is now managed by the town. The conversation focused on completing a land survey, determining how to record the cemetery on the property deeds or tax maps, and obtaining legal guidance on the title and recording process.
Nut graf: Trustees said the physical survey is straightforward but the legal recording of the cemetery location -- whether by deed amendment, creation of a new municipal parcel, or other mechanism -- requires counsel and coordination with the registry of deeds, the town administrator and the trustees of the trust. Trustees directed staff to seek outside guidance and to coordinate with municipal offices to ensure the feature appears correctly in GIS and on tax maps.
Superintendent Joyce and other trustees described contacts already made: a New Hampshire land surveyor told the trustees that "the survey is easy peasy" but questioned who should receive and record the survey results. Trustees agreed that the legal question of how to record the cemetery on deeds was the key remaining step. The group discussed options including amending the affected property deed to note the cemetery, creating a separate town parcel, or recording survey points so GIS staff can map the site.
Trustees asked staff to prepare a concise written summary of facts and the survey deliverable that the board could send to the New Hampshire Municipal Association (NHMA) for general guidance. The board also directed staff to check with the registry of deeds about recording practices and to meet with Andrea, the select board administrator, to determine whether the select board should route legal review through the town attorney.
Ending: Next steps include contacting NHMA and the registry of deeds, arranging a formal survey with recorded points for GIS, and obtaining town legal advice to clarify whether the cemetery should be recorded as an amendment to an existing deed or as a separate municipal parcel. Staff will report back to the trustees with recommendations for a formal recording process and any legal costs needed to complete title work.
