A New Lease on Death

32 Pages Posted: 8 Apr 2015

Date Written: April 6, 2015

Abstract

Changes in the American funeral industry have sparked a new category of land use — a business where funeral goods and services are sold, but human remains are not embalmed, stored, or displayed. The author has named this new land use a “retail funeral establishment.” Many of these establishments are seeking to locate in retail areas, particularly multi-tenant shopping centers across the country. This new land use raises challenges for real estate attorneys regarding whether retail funeral establishments are permitted in retail developments pursuant to public and private land use controls.

Keywords: land use, funeral, funeral home, covenant, prohibited use, lease, retail, real estate, property, zoning

JEL Classification: L85

Suggested Citation

Marsh, Tanya D., A New Lease on Death (April 6, 2015). Real Property, Probate and Trust Law Journal, Vol. 49, No. 3, 2015. Available at SSRN: https://ssrn.com/abstract=2590965

Tanya D. Marsh (Contact Author)

Wake Forest Law School ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States

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