Cemetery Access

[crobnson]

What is the name of your state?What is the name of your state? Virginia

I am in the middle of a situation regarding a family cemetery. I have seen the deed to the property and this cemetery clearly states it is excepted from transfer. It also clearly states that the sellers descendents, relatives and others are entitled to be buried there and have all necessary rights of ingress and egress to repair, maintain and replace the fence. I am fully aware of the laws regarding this as I am a licensed Title Intermediary for the state of Wisconsin and spent 2 1/2 years doing searches and examining. 3 times family members have gone to the cemetery to work on the fence, the first two times the current owner called the sheriff and the sheriff made everybody leave. Today, the county supervisor went to the cemetery to take pictures in order to look into funding to help the family fix the fence. The owner told them that from now on they want everybody to call first and also sign some kind of waiver to protect the owner from liability. The supervisor said the owner is in his rights and we should keep him happy because he could make it harder to go there. I have chosen not to go to the cemetery. I am from the big city and well to be honest I want to keep my reputation. I have spent the last few months trying to deal with this issue and I may not hold my temper. Does anybody have any ideas on how this can be taken care of? Hiring an attorney is out of the question, the money is not available for it. And besides, an attorney should not even be necessary. I feel like I am landed in foreign territory here. Any advice would be greatly appreciated. Thanks.

[HomeGuru]

Originally Posted by crobnson

What is the name of your state?What is the name of your state? Virginia

I am in the middle of a situation regarding a family cemetery. I have seen the deed to the property and this cemetery clearly states it is excepted from transfer. It also clearly states that the sellers descendents, relatives and others are entitled to be buried there and have all necessary rights of ingress and egress to repair, maintain and replace the fence. I am fully aware of the laws regarding this as I am a licensed Title Intermediary for the state of Wisconsin and spent 2 1/2 years doing searches and examining. 3 times family members have gone to the cemetery to work on the fence, the first two times the current owner called the sheriff and the sheriff made everybody leave. Today, the county supervisor went to the cemetery to take pictures in order to look into funding to help the family fix the fence. The owner told them that from now on they want everybody to call first and also sign some kind of waiver to protect the owner from liability. The supervisor said the owner is in his rights and we should keep him happy because he could make it harder to go there. I have chosen not to go to the cemetery. I am from the big city and well to be honest I want to keep my reputation. I have spent the last few months trying to deal with this issue and I may not hold my temper. Does anybody have any ideas on how this can be taken care of? Hiring an attorney is out of the question, the money is not available for it. And besides, an attorney should not even be necessary. I feel like I am landed in foreign territory here. Any advice would be greatly appreciated. Thanks.

**A: you are wrong. You issue is pertaining to a complicated land matter and an attorney is needed.

[crobnson]

Virginia

What is so complicated about it? It clearly states in his deed that he does not own the cemetery, that the family and descendents of the owners of the cemetery have access to the cemetery from the public road and there are no stipulations in there that he has to give permission for this.

[I AM ALWAYS LIABLE]

Originally Posted by crobnson

What is the name of your state?What is the name of your state? Virginia

I am in the middle of a situation regarding a family cemetery. I have seen the deed to the property and this cemetery clearly states it is excepted from transfer. It also clearly states that the sellers descendents, relatives and others are entitled to be buried there and have all necessary rights of ingress and egress to repair, maintain and replace the fence. I am fully aware of the laws regarding this as I am a licensed Title Intermediary for the state of Wisconsin and spent 2 1/2 years doing searches and examining. 3 times family members have gone to the cemetery to work on the fence, the first two times the current owner called the sheriff and the sheriff made everybody leave. Today, the county supervisor went to the cemetery to take pictures in order to look into funding to help the family fix the fence. The owner told them that from now on they want everybody to call first and also sign some kind of waiver to protect the owner from liability. The supervisor said the owner is in his rights and we should keep him happy because he could make it harder to go there. I have chosen not to go to the cemetery. I am from the big city and well to be honest I want to keep my reputation. I have spent the last few months trying to deal with this issue and I may not hold my temper. Does anybody have any ideas on how this can be taken care of? Hiring an attorney is out of the question, the money is not available for it. And besides, an attorney should not even be necessary. I feel like I am landed in foreign territory here. Any advice would be greatly appreciated. Thanks.

My response:

You're correct. Virginia IS a foreign territory. It's the land of Yahoo's, Hillbillies, and single-wide trailers.

So, if the new owner is aware of the Deed, and you don't have any money for an attorney to exercise and protect your rights, then what are you asking from us? Are you asking do something in the courts for yourself? Did you want us to put you through law school?

You know what? Since this isn't that important of an issue for you, just leave it alone. No one is going there to see the grave site anymore, because no one cares.

IAAL

Originally Posted by HomeGuru

**A: you are wrong. You issue is pertaining to a complicated land matter and an attorney is needed.

I agree.

Some states have statutes that require access to any cemetery. Hire a lawyer and find out the scoop in VA.

[rmet4nzkx]

Originally Posted by seniorjudge

I agree.

Some states have statutes that require access to any cemetery. Hire a lawyer and find out the scoop in VA.

Isn't that because people are just dying to get in?

[HomeGuru]

Originally Posted by rmet4nzkx

Isn't that because people are just dying to get in?

**A: your humor just kills me.