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Cemeteries on private property?
My stepfather's family has a small cemetery on the corner of a person's property which has been there for years. His parents, two brothers, and a couple other family members are buried there. The property in which the cemetery is on was sold a few years ago and the current owner is being a tailhole about letting family access the cemetery. He says that they must give him ten days notice before they can come on the property. Reason I am asking is that a couple of the family members want to go on the property to clean up the cemetery, such as mow the grass and straighten up . Anytime anyone attempts to go to the cemetery, he threatens to have them arrested for tresspassing. I am in North Carolina and I am asking if there is a attorney or paralegal that has knowledge on this matter and is willing to answer this question. I have called a few attorneys, but of course they want me to come in to discuss it, hence, as always, they are just looking out for their pocket.
When the second brother was buried there a couple years ago, the owner was told by the family attorney that he could do nothing but watch. As to the cemetery being removed, that can only be done under special circumstances, it cannot be done because he would want it too. Since I have posted this question, we have been told that we can access the cemetery anytime we want, but because he is being an ***, we wanted to try to get a simple answer from a legal source or someone who has knowledge
There are special laws concerning cemeteries here in NC, just dont know them as well as needed
3 Answers
- cyanne2akLv 71 decade agoFavorite Answer
Actually, you really should go talk to the attorneys. Most of them will give you the first consultation for free. But, what it comes down to is the language of the deed which grants the property to the purchaser. If there is a restrictive covenant or easement on the land, it helps your family. 10 days notice is excessive, and most courts only require 3 to 7 days notice under circumstances where notice will be required. But, without seeing the language on the deed, I can't give you a good answer, and neither can an attorney. Your stepfather's family may have sold their rights to the cemetery completely.
- woodchipper890Lv 41 decade ago
The new owner can restrict them to accessing his property. By it being private property he can even go as far as to having the cemetery removed. Unless it states in the deed that your stepdads family has full access anytime they want. I think by him asking you guys to give him 10 days notice is only fair. I know that I wouldnt want people showing up at my property when they wanted without my prior knowledge. He can have trespassing charges filed too, as it is his property.
- 4 years ago
i have a cemetary on my property been here sence the 1800s and the road to the cemetary is on the other side of my property and in the last 10 years the road to the cemetary has been abandoned and sold and a double wide has been sat on it or shall i say in the middle of the cemetary road and culasack that was also conveyed to the cemetary so now the cemetary road is now a yard and a double side trailer sits there and i was told a number of times that that was not suppost to be allowed as to a new deed was made giving the modular home the road because of the cemetary and road is under the grand father law ,
