Legal Question in Civil Litigation in Tennessee

memorial garden

my daughter passed away in 2001,we put up a memorial garden..had two golf tournaments to do this..now i want to take it down,due to the area it is placed..[under a pinetree],nothing can grow,plus the birds poop on everything...am i allowed to take this down of my own accord? is there any legal steps i have to take? or may i remove the garden w/ out anyone sueing me? my heart breaks everytime i see the garden in such a mess..i care for the garden myself..my husband and i worked to put it up,so may we take it down,my daughters memory is always covered in poop,and thats sad....please advise us of the best route...


Asked on 6/29/05, 9:38 am

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: memorial garden

Before I can answer your question, I need more information:

1. Where is the garden located? Who owns the property on which it sits?

2. Did you make a "gift" of the garden to anyone, i.e. a church, government entity, charity, etc...?

3. Is someone/something legally responsible for maintaining the garden?

4. If the property on which it sits is not yours, under what kind of permission is it located there?

5. Would removing the property damage or disfigure the property? In other words could you remove it without leaving a hole of some kind?

I am sorry for your loss. It was very nice of you to erect such a nice memorial to your daughter. Please give me the answer to those questions and I will give you the best advice I can.

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Answered on 6/29/05, 11:39 am


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