Legal Question in Real Estate Law in Oklahoma

Easement rights

I the course of doing some genelogy research I have discovered the gravesites of some ancestors. The graveyard is now located on private property. Do I have easement rights? The property is posted and the owner has told me he will only grant me access in his presence. This is fine with me but then he always calls to cancel. I don't want to make this a big issue I just want to take some pictures but I don't want to get shot for treaspassing.


Asked on 9/24/03, 8:28 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: Easement rights

Laws pertaining to cemetaries are convoluted and confusing. Unless you are willing to invest some time and money in investigating the type (public or private), date of establishment, deeds and conveyances respecting the property, it would be extremely to give you any definitive answer. I suggest you begin with the county commisssioners and county clerks to try to identify the nature and ownership of the cemetery. From there you might be in a position to find out what your rights are to enter the property.

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Answered on 10/03/03, 3:55 pm


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