Georgia Cemetery Access Rights

How do I gain access to a cemetery on private property?

If this is not your family's cemetery and it is not available to public access through an existing road, then we recommend getting permission from the landowner before crossing private property. Not only is this courteous but it also avoids trespassing. However, please be aware that landowners are not required under any state law to grant access to persons who are not heirs or descendants of the persons buried in the cemetery.
If you are a descendant or heir of someone buried in the cemetery, there is no specific statute that addresses the right of entry to cemeteries on private property.  However, case law in Georgia has been interpreted to mean that the heirs of those buried in the cemetery have an implied easement on the property. The easement gives the heirs the right to prevent disturbance to the graves and the right of ingress and egress for taking care of the burial plots. However, even descendants or heirs should ask the landowner for permission to come onto the property and discuss notification of intent to visit, the frequency of visitation, and the passageway to be used.


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