Someone else now owns the land where my ancestors are buried. What are my rights regarding that cemetery?
Unless the deed of sale for the property specifies certain conditions of the sale, then most rights go to the new property owner. Virginia law requires a property owner to make a reasonable good-faith effort to notify descendants of people buried in an abandoned family cemetery when seeking a court order to remove the graves.
Unless the deed of sale for the property specifies certain conditions of the sale, then most rights go to the new property owner. Virginia law does require that landowners allow access to cemeteries on private property for the purpose of visitation by family members/descendants or plot owners, and for genealogical research. You must give reasonable notice and abide by any restrictions the landowner may place upon frequency, hours, and duration of access (57-27.1). If your property lies adjacent to the property containing your family cemetery, and you feel that the cemetery has fallen into neglect, you may petition the city or county circuit court for relief, including permission to access the property and maintain the cemetery (57-39.1). Finally, Virginia law requires any property owner intending to obtain a court order to remove and relocate human burials from any abandoned cemetery on his/her property to make a reasonable and good-faith effort to notify the family and/or descendants
