[MassHistPres] graveyard access

[Russel Feldman]

Hello everyone,

I have a friend who has located the graves of some Revolutionary War-era ancestors, who were buried on a family farm in New Jersey.  The graveyard is located on a private parcel of land and the present owner is not sympathetic to the interests of family members who would like to visit or document the grave site.  

When my friend contacted the property owner he expressed a fear that people would seek out the graveyard if the location were made public. (One family member was a notable Revolutionary War officer, whose burial site is currently listed as "unknown."  The landowner has denied my friend access to the site.  The graveyard is not near a road so it cannot be reached without trespass over other property.  

Besides her frustration with the situation, my friend is concerned that the owner will remove any evidence of the site if they think people will be snooping around. 

My questions are:
-Do descendants have any right to visit the graves of their ancestors when they are buried on private property?
-Do they or any members of the public have legal standing to compel documentation or public access to an historic burying ground?
-Any thoughts on how she might proceed?  
-Might anyone know officials in New Jersey who might be able to assist?

Thanks very much,
Russ Feldman


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