Hi Hi,
In California land cannot be landlocked. In the instance of cemeteries,
where members of the family or public or both have used a road or path to
the cemetery, that access becomes a "precriptive easement." That means,
that even if it's not deeded, the express use of that route to the property,
as if they believed it was a public access for the number of years the
access was used, becomes unextinguishable. It's a prescriptive (by prior
use) easement.
Sue Silver
CA
----- Original Message -----
From: <Jb502000(a)aol.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Sunday, December 30, 2001 3:40 PM
Subject: Re: [INPCRP] Wheres the Cemetery?
In a message dated 12/30/01 4:53:36 PM US Eastern Standard Time,
sianoil(a)hotmail.com writes:
> My understanding has always been that an "excepted out cemetery" falls
in
> the lap of a township trustee.
>
>
> Jon,
> Tom Cannon, Floyd County Trustee cannot go onto private Property to
Clear
> or Maintain any kind of cemetery without the Property owners
consent. If
> the cemetery is Land Locked, without Trespassing, unless it Was Deeded
to
> the Trustee. Then a right of way would have to be in the Deed
also. I'm
> sure this is right, but I can't find out until Tom gets back in his
office.
> State Law prohibits a person from entering another's
property without
their
> Express consent, unless there is a right of way. I wish it was
they way
you
> suggested, it sure would make it easier for us to help restore
some that
> badly need it and the owner wont allow access. We will never get the
> Legislature to address the Problem of "Excepted" Cemeteries that are out
in
> the middle of someone's field. The Farm Lobby would fight
that. Luckily
all
> Farmers don't feel that way. The re are a lot of farmers
willing to
help.
Jack E. Briles, Sr.
jb502000(a)aol.com
Floyd County INPCRP Coordinator
PO Box 444
New Albany, In. 47151-0444
(812) 282-6585
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"Show me your cemeteries, and I will tell you what kind of people you
have."
Benjamin Franklin (1706 - 1790)