Full question:
WE NEED TO KNOW WHAT TYPE OF LEGAL DOCUMENT WE COULD USE TO PROTECT OUR FAMILY CEMETARY. THERE ARE PEOPLE THAT ARE NOT ASKING IF THEY CAN BURY SOMEONE IN THE CEMETARY AND ARE TAKING UP THE SPACE THAT WE NEED TO RETAIN FOR OUR FAMILY. SHOULD WE FORM A BOARD OF TRUSTEES? PLEASE ADVISE THE ATTORNEYS IN OUR AREA DO NOT KNOW WHAT WE CAN DO.
- Category: Real Property
- Date:
- State: Virginia
Answer:
The appropriate legal steps depend on various factors, such as property ownership and relevant permits. It’s advisable to consult an experienced attorney who can evaluate your specific situation. You may also consider contacting the Virginia Lawyer Referral Service at or (Richmond area).
Relevant Virginia statutes include:
- § 57-24.1: This statute allows for the appointment of a trustee for a private or family graveyard if no trustees are designated. Interested parties can petition the court for this appointment to facilitate legal actions.
- § 57-27.1: This statute ensures that owners of private property with cemeteries must allow access for family members, plot owners, and genealogists, with specified rights regarding access routes and times.
- § 8.01-44.6: This statute allows cemetery owners to sue for damages against anyone who maliciously damages cemetery property.
These statutes may provide a framework for protecting your family cemetery and addressing unauthorized burials.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.