Can a Landowner dictate who is buried in a family cemetary?

Question

If a person owns the land surrounding a family cemetary, can they refuse to let a family member be buried there? (It is their family cemetary also)

Answer 1

Get a lawyer, each state has different laws on what can be done. Have you been deeded a plot? While it may be a family cemetary, the permit may limit the number of bodies that can be buried there. Is there a will or any kind of certified documenation that entitles you to be buried in the cemetary? Are you a relative by marriage? If the land owner owns all the land surrounding the cemetary does he own the cemetary land? Who has the title to that? There should be some documentation about right of access to the cemetary. But a private cemetary is just that private. If its important to you get a lawyer, if not then find another plot, you could potential spend more in lawyer fees then the plot is worth.

Answer 2

Land rights are like a "bundle of sticks", depending which "stick" your holding will determine your rights. Sometimes though an "owner" exists, they may have inherited less rights than the whole bundle of sticks or contracted away others (like landowners who sell rights to mining companies or people who lease land are basically selling to another person the right to enjoy the land for a period of time without interruption). Why is it that you think you should be able to bury a family member there - what right is it you think you(or they) have? Therein lies your answer.

Answer 3

Yes they can, IF they own the cemetary itself AND they do not run any type of business. If they DO run a business with the cemetary then they might have trouble due to anti-discrimination laws.

Answer 4

The rights of the land are tied to the owner I don't know of any way you can force a land owner to let you bury a body on their property...family or not.