Interesting.  I agree with Doug. In Ohio, cemetery grants are not always fee simple transfers, but rather more of an easement or license with some type of reverter language. I question why the legal description did not have a save and except for the plot that was transferred in 1850.  The only feasible conclusion is that it was only a license or easement. So long as there were several warranty transfers since 1850, this probably would not have appeared in a standard full search here in Ohio. A proper land survey should have revealed the existence of the headstones--and I wonder if the purchaser had a full-blown survey completed prior to purchase since he intended to build.  Maybe we should send this article to Mr. Appelbaum and his appliance salesman/attorney (see "A Really Good Lunch" on the Source of Title Blog from 12/10).

On a side note, I think this guy is crazy for building a high value house on a graveyard.  Has he not seen the movie Poltergeist?