Can I Stop People from Accessing My Family Graveyard?
Full Question:
Answer:
The answer will depend on all the facts and circumstances involved, such as the ownership of the property and the licenses and permits involved. I suggest you contact an experienced attorney who can review the facts and documents involved. You may wish to contact the Virginia Lawyer Referral Service at 1-800-552-7977 or (804) 775-0808 (Richmond area).
Please see the following VA statutes to determine applicability:
§ 57-24.1. Trustee for purpose of suit. —
In the case of any private or family graveyard, where no trustees have
been designated, and it appears that the interest of justice may be
served by the appointment of a trustee or trustees for the purpose of
suing or being sued, on the petition of any interested party, the court
of record wherein deeds are recorded of the county or city in which such
cemetery is located, may appoint a trustee or trustees for the purpose of
suing or being sued. The petitioner shall bear the expense of such
proceedings, provided that in the event a recovery is effected on behalf
of such trustee or trustees, costs shall be taxed as provided by law.
§ 57-27.1. Access to cemeteries located on private property;
cause of action for injunctive relief; applicability. —
A. Owners of private property on which a cemetery or graves
are located shall have a duty to allow ingress and egress to
the cemetery or graves by (i) family members and descendants
of deceased persons buried there; (ii) any cemetery plot
owner; and (iii) any person engaging in genealogy research,
who has given reasonable notice to the owner of record or to
the occupant of the property or both. The landowner may
designate the frequency of access, hours and duration of the
access and the access route if no traditional access route
is obviously visible by a view of the property. The
landowner, in the absence of gross negligence or willful
misconduct, shall be immune from liability in any civil
suit, claim, action, or cause of action arising out of the
access granted pursuant to this section.
B. The right of ingress and egress granted to persons
specified in subsection A shall be reasonable and limited to
the purposes of visiting graves, maintaining the gravesite
or cemetery, or conducting genealogy research. The right of
ingress and egress shall not be construed to provide a right
to operate motor vehicles on the property for the purpose of
accessing a cemetery or gravesite unless there is a road or
adequate right-of-way that permits access by a motor vehicle
and the owner has given written permission to use the road
or right-of-way of necessity.
C. Any person entering onto private property to access a
gravesite or cemetery shall be responsible for conducting
himself in a manner that does not damage the private lands,
the cemetery or gravesites and shall be liable to the owner
of the property for any damage caused as a result of his
access.
D. Any person denied reasonable access under the provisions
of this section may bring an action in the circuit court
where the property is located to enjoin the owner of the
property from denying the person reasonable ingress and
egress to the cemetery or gravesite. In granting such
relief, the court may (i) set the frequency of access, hours
and duration of the access and (ii) award reasonable
attorney fees and costs to the person denied such access.
E. The provisions of this section shall not apply to any
deed or other written instrument that creates or reserves a
cemetery or gravesite on private property.
§ 8.01-44.6. Action for injury to cemetery property. —
The owner or operator of a cemetery company may bring an action to
recover damages sustained, together with costs and reasonable attorneys'
fees, against any person who willfully or maliciously destroys,
mutilates, defaces, injures, or removes any tomb, monument, gravestone,
or other structure placed within any cemetery, graveyard, or place of
burial, or within any lot belonging to any memorial or monumental
association, or any fence, railing, or other work for the protection or
ornament of any tomb, monument, gravestone, or other structure
aforesaid, or of any cemetery lot within any cemetery. The cemetery owner
or operator may recover, as part of damages sustained, the cost of repair
or replacement of damaged property, including any labor costs, regardless
of whether the property damaged is owned by the cemetery or by another
person.