ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> The Faculty Lounge

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: The Faculty Lounge

Home Funeral, Backyard Burial, and the Easement for Access

By Alfred Brophy

ADVERTISEMENTS

I see the New York Times has an article on the rising number of home funerals -- and the rising number of people buried on family property, rather than in a separate cemetery.  There's something appealing about the return to family cemetery plots on land where the decedent lived.  And there's obviously a very, very long tradition of this.  (Richard Pipes' Property and Freedom reminds us that in ancient Greece, farmers were buried on their farms as a way of consecrating the soil.)

But I think there's one other aspect of this we ought to remember: in many states an implied easement for access arises in favor of family members when a person is buried on private property.  Even once the property is sold, the family members have the right of access to that property to visit the grave of their relative.  This right is recognized by statute in some states -- like Virginia, West Virginia, Alabama, and Oklahoma -- and by common law decisions in a lot of others. 

Last year I wrote about the conflict between descendants of Thomas Jefferson and Sally Hemings over access to Jefferson's grave (more here).  And I have a much more extensive treatment of the law of cemetery access ("Grave Matters: The Ancient Rights of the Graveyard.").

Full post as published by The Faculty Lounge on July 22, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 11/02/26 20:13:15)