Department of Historic Resources, Cemetery Preservation and FAQs

Department of Historic Resources, Cemetery Preservation and FAQs: "I have an old abandoned cemetery on my property. What are my legal rights and obligations? Do I have to maintain the cemetery or let family members come on my land?


As the owner of property that includes a cemetery, you are not obligated to do anything as long as you leave the cemetery alone. You may maintain the cemetery if you wish, or allow descendants or other parties to do so. Virginia law protects all cemeteries from willful and malicious damage, whether by the owner or by others (§18.2-127). Should you decide to remove and relocate the graves so that the area may be used for other purposes, you are required to file a bill in equity with the city or county circuit court for permission to do so (§57-38.1). This petition will require a good faith effort to identify and contact the families or descendants of the persons interred in the cemetery, as well as publication of a notice of intent in a local newspaper. If the cemetery is unmarked, and you wish to have the remains recovered by professional archaeologists, you will also require a permit (download the permit application) from DHR (§10.1-2305). Unless otherwise ordered by the court, you will be responsible for all costs incurred during the relocation process.
There is no Virginia law that requires landowners to maintain cemeteries on their properties, although section §57-39.1 of the Code of Virginia does provide an avenue for adjacent landowners to petition the courts for relief in the event that a cemetery is found to be neglected and unsightly, thus reducing adjacent property values. You are required to allow access to the cemetery for visitation by family members or descendants of the interred persons or by owners of any plots within the cemetery, and for the purpose of genealogical research (§57-27.1). You have the right to designate the frequency, hours, and duration of any access, and you are not required to create a special access route if one is not already present.

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