Cemetery access

[OrangeCountyCa]

What is the name of your state? Rhode Island

My family settled in R.I. around 1680 and owned/lived on about 100 acres.

The family cemetery, in use for over 100 years, is known to be on unimproved land owned by a private party(ies) but the exact spot cannot be identified.

The owner allowed me to tramp that area of the property to see if I could find anything but I could tell he was not enthused over me finding anything. I didn't and we left on neutral terms.

The Rhode Island Historical Society consideres the cemetary to be important as the family was one of the founding families of Rhode Island. The adjacent road was named after the family when I was there in the early 90's.

I'd like to pursue further searches using a non-invasive device called "Look down radar".

Before approaching the landowner I need to know what legal standing I have, if any, to force the owner to allow my search.

I do know that any identified cemetery must be respected and there are unimproved small such plots in the middle of housing tracts all across the original colonies.

Obviously its in my best interest to approach the landowner with hat in hand, but if pull comes to shove I'd like to know my rights. I'm in California and intend to make a search in the summer of 08 if I'm able health wise.

In your answer please let me know if you are licensed to practice in R.I. as I'll be keeping a list in case it gets to the point where I need legal assistance.

Thanks in advance.

 

[You Are Guilty]

If I've understood your situation correctly, you have no rights whatsoever to "force" a landowner to give you any access he doesn't want to. Of course, you can always offer a ca$h incentive, which frequently is all it takes.

 

[lcannister]

Obviously its in my best interest to approach the landowner with hat in hand

What does the land owner get out of this except his property taken or somehow restricted? You'd have to come with a court order in your hand for me to allow you on the propety again if it were mine.

it gets to the point where I need legal assistance

For what, trespassing charges against you or perhaps the purchase of the property?

Curious why do you think you should have access to this property period?

The owner allowed me to tramp that area of the property to see if I could find anything but I could tell he was not enthused over me finding anything.

I think you should consider it lucky he let you do this once but if he was not enthuastic the first time he will likely tell you t take a hike if you show up again.

 

[seniorjudge]

Check with a good real estate attorney where you live.

Many states have laws giving perpetual access to cemeteries.

(I cringe when I see people burying their loved ones under the old oak tree because they are creating a cemetery with a perpetual easement to the public.)

 

[lcannister]

Many states have laws giving perpetual access to cemeteries.

Even in this case where the cemetery has not even been located and the OP wants access to TRY and find one?

 

[seniorjudge]

Even in this case where the cemetery has not even been located and the OP wants access to TRY and find one?

I have no idea what Providence Plantation requires.

I doubt that any judge would give him rights to tramp around looking for stuff.

BTW, I meant to say, "Get a good real estate lawyer from the same place the land is."

 

[xylene]

I'd like to pursue further searches using a non-invasive device called "Look down radar".

Why would you need permission for this?

I'm assuming you are talking about an aerial search?

 

[Zigner]

Why would you need permission for this?

I'm assuming you are talking about an aerial search?

No, this is equipment that is moved over the land, in close proximity to it. Think "Metal Detector", only different.

 

[seniorjudge]

Why would you need permission for this?

I'm assuming you are talking about an aerial search?

But you bring up a good point.

Try Google(r) Earth(tm) and also go to where the land deed records are kept in the Providence Plantations and ask if there are any aerial maps. (They will probably be in the tax assessor's office).

 

[xylene]

No, this is equipment that is moved over the land, in close proximity to it. Think "Metal Detector", only different.

Then its not non-invasive, as the poster claims.

 

[Ozark_Sophist]

Something similar happened across the border from me. The cemetary in question was the first racial cemetery in the state (or that part of the state, my memory is a bit foggy today). The search was a cooperative effort with area geneology and historical societies. Perhaps the OP can find other local resources to more clearly identify the location or provide proof of the existance of the cemetary. A primary source document would be great.

 

[OrangeCountyCa]

Additional information

My basis for entering the land is that the cemetery is there. People have described in location in writing. It's a simple description such as "W of the house". The location of the "house" is approximate.
Hence the search. I want to know if I have any legal rights in Rhode Island to search a property. Cemeteries are held in high regard in most states. That is the basis for my hope that I could access the property for such a search.
I'll be going to the owner hat in hand and yes a cash offer is one solution. But if the owner flat out says no I'm hoping for some legal back-up.
The "Ground Penetrating Radar" is very similar to a metal detector you see in parks but a little heavie. It is on wheels. The size of a childs wagon, the small ones.

 

[lcannister]

Hence the search. I want to know if I have any legal rights in Rhode Island to search a property.

And the answer is NO unless the owner does not realize what he is doing and allows you onto the property again.

 

[OrangeCountyCa]

Sounds mixed.

Differing opinions. It's too wooded for a aerial survey in my opinion but I'll definitely check that.
And a R.I. real estate attorney. Thanks for all the help.