                                 CODE OF VIRGINIA

ACCESS TO CEMETERIES LOCATED ON PRIVATE PROPERTY; CAUSE OF ACTION FOR INJUNCTIVE
RELIEF; APPLICABILITY (§ 57-27.1)

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

HISTORY: 1993, c. 713; 2004, c. 831; 2008, c. 390; 2011, c. 257.