Weaverville, NC asked in Uncategorized for North Carolina

Q: If there is a private cemetery and people live above the cemetery road can they put a gate up that is locked?

My family cemetery is on a dirt road and people bought the land above it and have now put a gate up that is locked and says we have to call before we can enter and I was wondering if that's legal?

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Yadkinville, NC
  • Licensed in North Carolina

A: The property owners have the right to restrict access to their land, but you also have a right to visit the graves of your ancestors. I would advise trying to work out a more long-term solution before bringing this all before the court. You can file a motion before the clerk to have a more formalized access but I would not advise this unless the property owners are being unreasonable.

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