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Legal access rights concerning a cemetery.... #2118456
05/20/17 12:05 AM
05/20/17 12:05 AM
Joined: Mar 2004
Posts: 7,888
Monroe County, AL
D
deadeye Offline OP
14 point
deadeye  Offline OP
14 point
D
Joined: Mar 2004
Posts: 7,888
Monroe County, AL
It's not unusual to have an old cemetery on your property or lease....


Alabama Code Title 35. Property § 35-1-4

(a)&#8194;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; &#8201;(2) any cemetery plot owner; &#8201;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)&#8194;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)&#8194;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)&#8194;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)&#8194;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.

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Re: Legal access rights concerning a cemetery.... [Re: deadeye] #2118460
05/20/17 12:42 AM
05/20/17 12:42 AM
Joined: Jul 2011
Posts: 34,756
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
Freak of Nature
Joined: Jul 2011
Posts: 34,756
Boxes Cove
thumbup

Doesn't say a word about access to a cemetery grants access to land locked hunting property.



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Legal access rights concerning a cemetery.... [Re: deadeye] #2118474
05/20/17 01:40 AM
05/20/17 01:40 AM
Joined: Mar 2015
Posts: 1,687
Autauga County, AL
5Pages Offline
8 point
5Pages  Offline
8 point
Joined: Mar 2015
Posts: 1,687
Autauga County, AL
We deal with this at our club. Family has access to their grave site. I've never seen or heard of them out there but they do have the access.

Re: Legal access rights concerning a cemetery.... [Re: deadeye] #2118480
05/20/17 01:53 AM
05/20/17 01:53 AM
Joined: Sep 2009
Posts: 6,339
somewhere around 112.
S
slippinlipjr Online shocked
I make Calds fer a livin
slippinlipjr  Online Shocked
I make Calds fer a livin
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Joined: Sep 2009
Posts: 6,339
somewhere around 112.
Don't tell Indians this. They'd have access to half the state probably.


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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
Joined: Jan 2012
Posts: 9,871
North Jackson
R
ridgestalker Offline
14 point
ridgestalker  Offline
14 point
R
Joined: Jan 2012
Posts: 9,871
North Jackson
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
Re: Legal access rights concerning a cemetery.... [Re: slippinlipjr] #2118493
05/20/17 02:13 AM
05/20/17 02:13 AM
Joined: Feb 2015
Posts: 450
here
Savage7mm Offline
4 point
Savage7mm  Offline
4 point
Joined: Feb 2015
Posts: 450
here
Originally Posted By: slippinlipjr
Don't tell Indians this. They'd have access to half the state probably.
All of it.

Re: Legal access rights concerning a cemetery.... [Re: deadeye] #2118527
05/20/17 03:27 AM
05/20/17 03:27 AM
Joined: Sep 2009
Posts: 6,339
somewhere around 112.
S
slippinlipjr Online shocked
I make Calds fer a livin
slippinlipjr  Online Shocked
I make Calds fer a livin
S
Joined: Sep 2009
Posts: 6,339
somewhere around 112.
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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