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Legal access rights concerning a cemetery....
#2118456
05/20/17 12:05 AM
05/20/17 12:05 AM
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Joined: Mar 2004
Posts: 7,883 Monroe County, AL
deadeye
OP
14 point
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OP
14 point
Joined: Mar 2004
Posts: 7,883
Monroe County, AL
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It's not unusual to have an old cemetery on your property or lease....
Alabama Code Title 35. Property § 35-1-4
(a) Owners and lessees of private land on which a cemetery, graves, or burial sites are located shall have a duty to allow ingress and egress to the cemetery, graves, or burial sites by (1) family members, friends, or descendants of deceased persons buried there;  (2) any cemetery plot owner;  and (3) any person engaged in genealogical, historical, or cultural research, who has given reasonable notice to the owner of record or to the lessees, or both. (b)(1) The right of ingress and egress granted by this section shall be reasonable and limited to the purposes of visiting graves or burial sites, maintaining the gravesite or burial site or cemetery, or conducting genealogical, historical, or cultural research, or, in the case of a plot owner, burying a deceased person in the plot. (2) The owner or lessee of the land has the right to designate the frequency, hours, and duration of the access and the access route, if no traditional access route is obviously visible from a view of the property, provided that the designation is reasonable for the purposes set out above. (c)(1) Any person entering onto private land pursuant to this section shall be responsible for conducting himself or herself in a manner that does not damage the private land, cemetery, gravesite, or burial site, and shall be liable to the owner or lessee of the property for any damage caused as the result of his or her access. (2) The landowner and lessee, in the absence of gross negligence or willful misconduct, shall be immune from liability in any civil suit, action, or cause of action arising out of the access granted pursuant to this section.
Last edited by deadeye; 05/20/17 12:14 AM.
A man is not old until regrets take the place of dreams
He alone is educated who has learned the lessons of open-mindedness
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Re: Legal access rights concerning a cemetery....
[Re: deadeye]
#2118480
05/20/17 01:53 AM
05/20/17 01:53 AM
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Joined: Sep 2009
Posts: 6,248 somewhere around 112.
slippinlipjr
I make Calds fer a livin
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I make Calds fer a livin
Joined: Sep 2009
Posts: 6,248
somewhere around 112.
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Don't tell Indians this. They'd have access to half the state probably.
Ctrl+C, Ctrl+V, Ctrl+Z
thesharkguard.com
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Re: Legal access rights concerning a cemetery....
[Re: deadeye]
#2118491
05/20/17 02:12 AM
05/20/17 02:12 AM
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Joined: Jan 2012
Posts: 9,838 North Jackson
ridgestalker
14 point
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14 point
Joined: Jan 2012
Posts: 9,838
North Jackson
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I take family members to the graves of my Great Great Grand parents at least once a year that are in the middle of some private primo hunting land here in the mtns. The owner gave me a key to his gate and we have a mutual respect for each other. In my family it was taught at a early age where your people are buried at by my grand mother and I've tried to pass that down to the rest. I've wandered about the thousands of graves that get locked by the state and how that works?
"The Heavens declare the glory of God;and the firmament sheweth his handiwork" Pslam 19:1
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Re: Legal access rights concerning a cemetery....
[Re: slippinlipjr]
#2118493
05/20/17 02:13 AM
05/20/17 02:13 AM
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Joined: Feb 2015
Posts: 450 here
Savage7mm
4 point
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4 point
Joined: Feb 2015
Posts: 450
here
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Don't tell Indians this. They'd have access to half the state probably. All of it.
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Re: Legal access rights concerning a cemetery....
[Re: deadeye]
#2118527
05/20/17 03:27 AM
05/20/17 03:27 AM
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Joined: Sep 2009
Posts: 6,248 somewhere around 112.
slippinlipjr
I make Calds fer a livin
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I make Calds fer a livin
Joined: Sep 2009
Posts: 6,248
somewhere around 112.
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One of my family cemeteries is in the Talladega national Forest. Pain to get to. I haven't been there in probably 10 years. I hope someone has kept it up.
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thesharkguard.com
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