Cemetery Access Rights

What are Public and Private Cemeteries

The general community, a neighborhood, or a church uses a public cemetery.

A private cemetery is used only by a family or a small portion of the community. However, the mode of use rather than ownership determines whether a cemetery is public or private. Public use, rather than ownership, determines whether a cemetery is public. For example, a privately owned or privately maintained cemetery may be deemed a public cemetery if it is open to the public for burials under reasonable regulations.

Family burial grounds are lots that are not sold to the public and are restricted to interments for a group of persons related by blood or marriage.

A cemetery includes the actual gravesites and surrounding areas, such as avenues, walks, and grounds.

Cemetery Laws

Cemeteries are not subject to the laws that govern real property or corporations because of their inherently different nature. Cemeteries are generally regulated at the State level.

 

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