§ 14-121. Access to burial sites
West's Annotated Code of MarylandReal PropertyEffective: June 1, 2018
Effective: June 1, 2018
MD Code, Real Property, § 14-121
§ 14-121. Access to burial sites
(b) Any person in interest may request the owner of a burial site or of the land encompassing a burial site that has been documented or recognized as a burial site by the public or any person in interest to grant reasonable access to the burial site for the purpose of restoring, maintaining, or viewing the burial site.
(c)(1) A person requesting access to a burial site under subsection (b) or (d) of this section may execute an agreement with the owner of the burial site or of the land encompassing the burial site using a form similar to the form below:
“Permission to Enter
I hereby grant the person named below permission to enter my property, subject to the terms of the agreement, on the following dates:
Signed..............................
(Landowner)
Agreement
In return for the privilege of entering on the private property for the purpose of restoring, maintaining, or viewing the burial site or transporting human remains to the burial site, I agree to adhere to every law, observe every safety precaution and practice, take every precaution against fire, and assume all responsibility and liability for my person and my property, while on the landowner's property.
Signed”
(d) In addition to the provisions of subsection (b) of this section, if burials are still taking place at a burial site, any person who is related by blood or marriage, heir, appointed representative, or any other person in interest may request the owner of the land encompassing the burial site to grant reasonable access to the burial site for the purpose of transporting human remains to the burial site to inter the remains of a person for whose burial the site is dedicated, if access has not been provided in a covenant or deed of record describing the metes and bounds of the burial site.
(e) Except for willful or malicious acts or omissions, the owner of a burial site or of the land encompassing a burial site who allows persons to enter or go on the land for the purposes provided in subsections (b) and (d) of this section is not liable for damages in a civil action to a person who enters on the land for injury to person or property.
(f) A person who enters land for the purposes provided in subsections (b) and (d) of this section shall be responsible for ensuring that the person's conduct does not damage the land, the cemetery, or the gravesites, and shall be liable to the property owner for any damage caused as a result of the person's access.
(g)(1) An owner of a burial site, a person who is related by blood or marriage to the person interred in a burial site, heir, appointed representative, or any other person in interest, or any other person may report the location of a burial site to the supervisor of assessments for a county, together with supporting documentation concerning the location and nature of the burial site.
Credits
Added by Acts 1994, c. 203, § 1, eff. Oct. 1, 1994. Amended by Acts 2008, c. 590, § 1, eff. July 1, 2008; Acts 2018, c. 506, § 1, eff. June 1, 2018; Acts 2018, c. 507, § 1, eff. June 1, 2018.
MD Code, Real Property, § 14-121, MD REAL PROP § 14-121
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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