{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/57-27.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/57-27.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/57-27.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/57-27.1.html"}],"law_id":82684,"edition_id":1,"section_id":82684,"structure_id":14956,"section_number":"57-27.1","catch_line":"Access to cemeteries located on private property; cause of action for injunctive relief; applicability","history":"1993, c. 713; 2004, c. 831; 2008, c. 390; 2011, c. 257.","full_text":"A\n\nOwners of private property on which a cemetery or graves are located shall have a duty to allow ingress and egress to the cemetery or graves by (i) family members and descendants of deceased persons buried there; (ii) any cemetery plot owner; and (iii) any person engaging in genealogy research, who has given reasonable notice to the owner of record or to the occupant of the property or both. No landowner shall erect a wall, fence or other structure or device that prevents ingress and egress to the cemetery or grave, unless the wall, fence or other structure or device has a gate or other means by which ingress and egress can be accomplished by persons specified in this subsection. The landowner may designate the frequency of access, hours and duration of the access and the access route if no traditional access route is obviously visible by a view of the property. The landowner, in the absence of gross negligence or willful misconduct, shall be immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this section.B\n\nThe right of ingress and egress granted to persons specified in subsection A shall be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research. The right of ingress and egress shall not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity.C\n\nAny person entering onto private property to access a gravesite or cemetery shall be responsible for conducting himself in a manner that does not damage the private lands, the cemetery or gravesites and shall be liable to the owner of the property for any damage caused as a result of his access.D\n\nAny person denied reasonable access under the provisions of this section may bring an action in the circuit court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting such relief, the court may (i) set the frequency of access, hours and duration of the access and (ii) award reasonable attorney fees and costs to the person denied such access.E\n\nThe provisions of this section shall not apply to any deed or other written instrument that creates or reserves a cemetery or gravesite on private property.","order_by":null,"text":{"0":{"id":296194,"text":"Owners of private property on which a cemetery or graves are located shall have a duty to allow ingress and egress to the cemetery or graves by (i) family members and descendants of deceased persons buried there; (ii) any cemetery plot owner; and (iii) any person engaging in genealogy research, who has given reasonable notice to the owner of record or to the occupant of the property or both. No landowner shall erect a wall, fence or other structure or device that prevents ingress and egress to the cemetery or grave, unless the wall, fence or other structure or device has a gate or other means by which ingress and egress can be accomplished by persons specified in this subsection. The landowner may designate the frequency of access, hours and duration of the access and the access route if no traditional access route is obviously visible by a view of the property. The landowner, in the absence of gross negligence or willful misconduct, shall be immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":296195,"text":"The right of ingress and egress granted to persons specified in subsection A shall be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research. The right of ingress and egress shall not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":296196,"text":"Any person entering onto private property to access a gravesite or cemetery shall be responsible for conducting himself in a manner that does not damage the private lands, the cemetery or gravesites and shall be liable to the owner of the property for any damage caused as a result of his access.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":296197,"text":"Any person denied reasonable access under the provisions of this section may bring an action in the circuit court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting such relief, the court may (i) set the frequency of access, hours and duration of the access and (ii) award reasonable attorney fees and costs to the person denied such access.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":296198,"text":"The provisions of this section shall not apply to any deed or other written instrument that creates or reserves a cemetery or gravesite on private property.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14956,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13325,"metadata":{},"date_created":"2026-06-26 03:51:04","date_modified":"2026-06-26 03:51:04","permalink":{"id":251627,"object_type":"structure","relational_id":14956,"identifier":"1","token":"57\/3\/1","url":"\/57\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13325,"edition_id":1,"name":"Cemeteries","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13324,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":251625,"object_type":"structure","relational_id":13325,"identifier":"3","token":"57\/3","url":"\/57\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13324,"edition_id":1,"name":"Religious and Charitable Matters; Cemeteries","identifier":"57","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":251501,"object_type":"structure","relational_id":13324,"identifier":"57","token":"57","url":"\/57\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57062,"structure_id":14956,"section_number":"57-22","catch_line":"Conveyance of land to trustees or local governing body for cemetery use","url":"\/57-22\/","token":"57\/3\/1\/57-22","metadata":false},{"id":75845,"structure_id":14956,"section_number":"57-23","catch_line":"Appointment, change or removal of trustees","url":"\/57-23\/","token":"57\/3\/1\/57-23","metadata":false},{"id":83621,"structure_id":14956,"section_number":"57-24","catch_line":"Powers and duties of trustees","url":"\/57-24\/","token":"57\/3\/1\/57-24","metadata":false},{"id":82765,"structure_id":14956,"section_number":"57-24.1","catch_line":"Trustee for purpose of suit","url":"\/57-24.1\/","token":"57\/3\/1\/57-24.1","metadata":false},{"id":70148,"structure_id":14956,"section_number":"57-25","catch_line":"Condemnation of land for cemeteries","url":"\/57-25\/","token":"57\/3\/1\/57-25","metadata":false},{"id":60699,"structure_id":14956,"section_number":"57-26","catch_line":"Restrictions as to location of cemeteries and as to quantity of land","url":"\/57-26\/","token":"57\/3\/1\/57-26","metadata":false},{"id":62251,"structure_id":14956,"section_number":"57-27","catch_line":"City of Richmond may prohibit burials in certain cemeteries","url":"\/57-27\/","token":"57\/3\/1\/57-27","metadata":false},{"id":82684,"structure_id":14956,"section_number":"57-27.1","catch_line":"Access to cemeteries located on private property; cause of action for injunctive relief; applicability","url":"\/57-27.1\/","token":"57\/3\/1\/57-27.1","metadata":false},{"id":69202,"structure_id":14956,"section_number":"57-27.1:1","catch_line":"Family cemeteries; interment rights of immediate family members and descendants","url":"\/57-27.1_1\/","token":"57\/3\/1\/57-27.1_1","metadata":false},{"id":78404,"structure_id":14956,"section_number":"57-27.2","catch_line":"Correction of interment errors","url":"\/57-27.2\/","token":"57\/3\/1\/57-27.2","metadata":false},{"id":61241,"structure_id":14956,"section_number":"57-27.3","catch_line":"Authorization for interment","url":"\/57-27.3\/","token":"57\/3\/1\/57-27.3","metadata":false}],"previous_section":{"id":62251,"structure_id":14956,"section_number":"57-27","catch_line":"City of Richmond may prohibit burials in certain cemeteries","url":"\/57-27\/","token":"57\/3\/1\/57-27","metadata":false},"next_section":{"id":69202,"structure_id":14956,"section_number":"57-27.1:1","catch_line":"Family cemeteries; interment rights of immediate family members and descendants","url":"\/57-27.1_1\/","token":"57\/3\/1\/57-27.1_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-27.1\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 713 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2004, chapter 831<\/a>; in 2008, chapter 390<\/a>; in 2011, chapter 257<\/a>.<\/p>","references":[{"id":69202,"section_number":"57-27.1:1","catch_line":"Family cemeteries; interment rights of immediate family members and descendants","order_by":null,"url":"\/57-27.1_1\/"}],"refers_to":false,"permalink":{"id":251657,"object_type":"law","relational_id":82684,"identifier":"57-27.1","token":"57\/3\/1\/57-27.1","url":"\/57-27.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/57-27.1\/","token":"57\/3\/1\/57-27.1","dublin_core":{"Title":"Access to cemeteries located on private property; cause of action for injunctive relief; applicability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-27.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Owners of private property on which a cemetery or graves are located shall have a duty to allow ingress and egress to the cemetery or graves by (i) family members and descendants of deceased persons buried there; (ii) any cemetery plot owner; and (iii) any person engaging in genealogy research, who has given reasonable notice to the owner of record or to the occupant of the property or both. No landowner shall erect a wall, fence or other structure or device that prevents ingress and egress to the cemetery or grave, unless the wall, fence or other structure or device has a gate or other means by which ingress and egress can be accomplished by persons specified in this subsection. The landowner may designate the frequency of access, hours and duration of the access and the access route if no traditional access route is obviously visible by a view of the property. The landowner, in the absence of gross negligence<\/span> or willful misconduct, shall be immune from liability in any civil suit, claim, action, or cause of action<\/span> arising out of the access granted pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The right of ingress and egress granted to persons specified in subsection A shall be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research. The right of ingress and egress shall not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person entering onto private property to access a gravesite or cemetery shall be responsible for conducting himself in a manner that does not damage the private lands, the cemetery or gravesites and shall be liable to the owner of the property for any damage caused as a result of his access. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person denied reasonable access under the provisions of this section may bring an action in the circuit<\/span> court<\/span> where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting such relief, the court<\/span> may (i) set the frequency of access, hours and duration of the access and (ii) award reasonable attorney fees and costs to the person denied such access. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not apply to any deed or other written instrument that creates or reserves a cemetery or gravesite on private property. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCESS TO CEMETERIES LOCATED ON PRIVATE PROPERTY; CAUSE OF ACTION FOR INJUNCTIVE\nRELIEF; APPLICABILITY (\u00a7 57-27.1)\n\nA. Owners of private property on which a cemetery or graves are located shall\nhave a duty to allow ingress and egress to the cemetery or graves by (i) family\nmembers and descendants of deceased persons buried there; (ii) any cemetery plot\nowner; and (iii) any person engaging in genealogy research, who has given\nreasonable notice to the owner of record or to the occupant of the property or\nboth. No landowner shall erect a wall, fence or other structure or device that\nprevents ingress and egress to the cemetery or grave, unless the wall, fence or\nother structure or device has a gate or other means by which ingress and egress\ncan be accomplished by persons specified in this subsection. The landowner may\ndesignate the frequency of access, hours and duration of the access and the\naccess route if no traditional access route is obviously visible by a view of\nthe property. The landowner, in the absence of gross negligence or willful\nmisconduct, shall be immune from liability in any civil suit, claim, action, or\ncause of action arising out of the access granted pursuant to this section.\n\nB. The right of ingress and egress granted to persons specified in subsection A\nshall be reasonable and limited to the purposes of visiting graves, maintaining\nthe gravesite or cemetery, or conducting genealogy research. The right of\ningress and egress shall not be construed to provide a right to operate motor\nvehicles on the property for the purpose of accessing a cemetery or gravesite\nunless there is a road or adequate right-of-way that permits access by a motor\nvehicle and the owner has given written permission to use the road or\nright-of-way of necessity.\n\nC. Any person entering onto private property to access a gravesite or cemetery\nshall be responsible for conducting himself in a manner that does not damage the\nprivate lands, the cemetery or gravesites and shall be liable to the owner of\nthe property for any damage caused as a result of his access.\n\nD. Any person denied reasonable access under the provisions of this section may\nbring an action in the circuit court where the property is located to enjoin the\nowner of the property from denying the person reasonable ingress and egress to\nthe cemetery or gravesite. In granting such relief, the court may (i) set the\nfrequency of access, hours and duration of the access and (ii) award reasonable\nattorney fees and costs to the person denied such access.\n\nE. The provisions of this section shall not apply to any deed or other written\ninstrument that creates or reserves a cemetery or gravesite on private property.\n\nHISTORY: 1993, c. 713; 2004, c. 831; 2008, c. 390; 2011, c. 257.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}