Beginners Level Article
Researching Gravesites on Private Property, Abandoned, or Unmaintained Cemeteries
Cemeteries come under the jurisdiction of multiple types of ownership. Each type has its own set of
guidelines for access.
- Public ownership by municipalities, counties, states and the federal government.
- Private ownership by organizations that manage cemeteries, such as corporations and churches.
- Private ownership of abandoned and neglected cemeteries that are no longer active.
Most cemeteries in public ownership are protected and maintained, although many are no longer
actively receiving new interments. If there is a problem with a cemetery on public land, the primary
point of contact will be the public land manager or responsible public official. In some cases privately
owned and maintained cemeteries exist within the boundaries of publicly owned land.
Most active cemeteries are under the management of cemetery corporations, or religious and
not-for-profit organizations. Active cemeteries of this type in Florida are regulated by the Florida
Division of Banking and Finance. Sometimes, cemeteries that were once under the management of a
business or a church become abandoned when the original organization is no longer viable.
Commercial cemeteries sometimes go out of business with no provision for future care, and churches
can move as a congregation but leave a cemetery behind. There are many opportunities for
disturbance and destruction of graves when no party is responsible for care.
Finally, land in private ownership may contain graves, sometimes in the form of a homestead or family
cemetery that is known and maintained, but more often as an abandoned or neglected cemetery that is unknown. In some cases, headstones may have been removed illegally, but human graves still exist
below the ground. Many disputes arise over access by descendants to graves on private land.
Each type of ownership involves different levels of protection and management, ranging from active
use as a legal cemetery, to cases where a landowner does not even know that a cemetery is on his or
her land. The most important point to remember is that all human remains are protected under state
law, no matter who owns the land. The county property appraiser at the county courthouse can help
you find out who owns a specific lot or land parcel. For some counties, this information is available
online.
To visit a gravesite on private property for research, you generally need to obtain permission from the
landowner. Some but not all states provide information concerning the rights of access to cemeteries
on private land for relatives and descendants, this doesn't automatically extend to researchers.
Here are the steps that researchers usually have to follow, regardless of the state where the cemetery
is located.
- Research the landowner where the cemetery is located. You can often locate this information
through the county property appraiser’s office. - Contact the landowner directly by telephone, email, or letter. It is imperative that you clearly
explain your research purpose, and request permission to access the gravesite. Be respectful in
your communication, emphasizing the historical or genealogical value of your research. It will not
hurt to say that if it helps the situation, you are prepared to meet with the landowner at a place of
their choosing and show them the documentation prior to the formal visit. Taking this extra step
has proven to be very successful in most cases. - If the landowner agrees to allow access, be sure to follow all instructions regarding access routes,
times, and any specific rules for visiting the gravesite. Be careful not to perform any rubbings or
other activities that will harm the tombstone or surroundings. - If permission is denied or a dispute arises, be mindful that in most but not all states, relatives and
descendants have a right to reasonable access for maintenance and research purposes, but this
may not apply to researchers without documented family ties. If you encounter a dispute, contact
law enforcement of the State Archaeologist for guidance. The State Archaeologist’s office is
normally under the jurisdiction of the specific Department of State’s office for the state in question. - If you continue to encounter difficulties here are some additional possible alternatives that might
help locate the needed information.
a. Online websites such as, Find A Grave or Billion Graves allow researchers to search for
cemetery records. This would sometimes include private cemeteries.
b. If you discover that the private cemetery has an office or locate and contact the landowner, as
part of your contacting them, inquire if they have ever conducted an inventory of burials and if
there is a cemetery map.
c. If there are local historical societies or genealogical organizations in the area, try contacting
them for assistance.
Another issue that researchers encounter are abandoned or unmaintained cemeteries. There are
literally thousands of abandoned cemeteries in throughout the country. Many of them are unknown and forgotten as old homesteads and are subdivided and sold off. Cemetery operators go out of business, churches are moved, and new property owners are unaware of old burying grounds. Maintaining cemeteries that are no longer active is a widespread problem throughout the country.
As land changes hands, and as family and community ties to a particular piece of land are lost, it is not
uncommon that a new landowner unknowingly restricts access to a burial ground. Various state
statutes stipulate that relatives and descendants shall have an easement to enter and leave a cemetery at reasonable times and in a reasonable manner, and that the landowner may designate the easement. If the cemetery is not being maintained, the relatives and descendants may request the owner to provide reasonable maintenance, and if the owner fails or refuses, the relatives and descendants have the right to maintain the cemetery.
Sometimes property owners will refuse to grant an easement or even access to legitimate descendants and relatives of a person buried in a cemetery . In such cases, it is best to refer the matter to a law enforcement agency such as the sheriff's office, or possibly to elected officials, and ask that a proper easement be provided as the law requires.
There are also laws pertaining to the discovery of unmarked graves with human remains. While we
mostly think of traditional cemeteries with headstones and special plantings as final resting places,
there are other kinds of burial sites. In cases such as the discovery of burial mounds and earthen or
shell monuments containing human skeletal remains or associated burial artifacts there are usually
guidelines for these types of situations. This first step is critical. The procedures to be followed when
unmarked human remains are discovered or disturbed begin with an important requirement-notifying
local law enforcement who initiates procedures to protect to the burial site.
These procedures include the involvement of local and/or state officials with experience in identifying
human remains. These may include representatives from modern Indian tribes, medical examiners, or
archaeologists. This results in a final disposition of the remains after appropriate consultation and
deliberation. Once you have notified local law enforcement, who will likely contact the medical
examiner, be prepared to meet them and explain what happened. The procedures for determining
what will happen to the remains are set forth in state statutes. Under no circumstances should you take it upon yourself to give someone permission to remove or disturb remains or associated artifacts.
For more information on this topic, please consult the sources listed below. I also have multiple free
study guides on cemetery research. Electronic copies are available upon request.
Bryan L Mulcahy
Reference-Genealogy Librarian
Fort Myers Regional Library
8/16/2025