Log in to WRAL.com with one click using your favorite social network:
OR
Log in using your WRAL.com account:



Wrong email/password combination.

Forgot password?

Register with WRAL.com using your favorite social network:
OR
Register for a WRAL.com account using our web form.

2:36 p.m. • 5-19-13

Weather Forecast for Raleigh

  • Mon: Thunderstorm.
    • Hi: 76° F
  • Tue: Thunderstorm.
    • Hi: 81° F
  • Wed: Partly Cloudy.
    • Hi: 86° F

Other Locations

> 7 Day Forecast

Doppler Image

Published: 2007-07-17 19:24:55
Updated: 2007-07-17 19:24:55

Court: Private Property Can't Block Access to Graves


Court: Private Property Can't Block Access to Graves
Court: Private Property Can't Block Access to Graves
print friendly

The state Court of Appeals ruled Tuesday that people can go onto private property to visit family gravesites.

Rethea Massey sued Douglas Hoffman three years ago when Hoffman prevented her from visiting her grandparents' graves. Hoffman bought the property in 2001 and said he didn't know graves were on his land.

"He didn't want us up there. He didn't want any part of it. He said he'd have anybody arrested," Massey said. "My daddy said on his death bed, 'As long as you think you're right, keep going.' So, I'm going.'"

Wake County Superior Court sided first with Massey, then Hoffman in the dispute. In its ruling, the state Court of Appeals said state law allows people to visit gravesites for restoring, maintaining and visiting, even if they're on private property.

"If you look at the appeal records, there's a lot of studies that have been done to access gravesites, and this just gives credence to the statute and says it's enforceable," said C. Terrell Thomas Jr., Massey's attorney.

The appellate court also ruled that Hoffman filed his motion for dismissal too late.

"It will affect a lot of people, people from the future and people from the past," said Massey, adding that she plans to put a fence around the gravesite.

Hoffman's attorney, Ronald Garber, declined to comment.


10 Comments


WRAL.com welcomes your comments on this story. All comments are moderated prior to publication based on our posting guidelines. Please review them prior to posting and if your message is not approved.

View Comments VIEW ALL 10 COMMENTS

This story is closed for comments. Comments on WRAL.com news stories are accepted and moderated between the hours of 8 a.m. and 8 p.m. Monday through Friday.

Latest Comments
Why was this portion of land sold to begin with!? Normally everything within reason would be done to keep the graves and a small portion of land within the family. My family has done this since 1786. Our family by no means was considered "well off" or "wealthy". We took care and made sure of a final resting place for our own. I am now responsible for this small portion of land and it's upkeep. Unfortunately "family graves" are sold off and other memebers are completely unaware of the sale. I feel for this woman and I'm sure it saddens her to have to "fight " over the freedom to visit her deceased ancestors. But then again, it should have been her FAMILY and those before her to ensure access to future generations. The new landowner should have the right to stop ANYONE from going onto his property. The family SHOULD NOT have the right to claim it a Family Gravesight. But hopefully he would have the heart to allow this elderly woman visits until her days are ended.

I am familiar with this issue, as I live in the area....

Nobody is exactly sure where these graves are at. Unless there have been some developments in the past few months, the site was merely handed down by word of mouth. In riding past this area for over 30 years, I have never seen anything that resembles a grave marker. Even the older people in the area aren't sure where the graves are located or if they were disturbed due to the construction of the present-day road. (The older road did not follow the exact same route.)

@taxman...would graves prevent a clear title? I do not think the title is in dispute is it? That is the only obligation of the lawyer to make sure the title is clear not to know what is located on the land. Sounds like there was no legal easement.

I think the garve should be moved. You don't just want anyone coming on your property.

It will end up like that Poltergeist movie and coffins will start coming out of the ground. The undead will be mighty displeased and the house will be sucked into another dimension.

View Comments VIEW ALL 10 COMMENTS