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xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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Cemetery maintence/neglence that needs attention but the person

Customer Question

Cemetery maintence/neglence that needs attention but the person responsible does not respond to phone calls/mesages left as to call back! Large animal hole under gravestone and two gravestones knocked out of alignment from some activity at the cemetery!
Location Durham Cemetery!
Submitted: 5 years ago.
Category: Legal
Expert:  xavierjd replied 5 years ago.
Thanks for using It will be my pleasure to assist you.

What a terrible situation. Grave sites deserve respect and proper maintenance.

Did you call the owner of the cemetery, or the grounds keeper?

Do you have a family member/friend at the cemetery?

Did you make a police report regarding the stone knocked out of alignment?

Customer: replied 5 years ago.
This is a Church Cemetery and I called the Pastor and was told to call the custodian as the Church has nothing to do with the Cemetery maintence. The calls I made were to the custodian that haver not been returned. Did not file a police report but contacted the person who originally installed the gravestone to correct the alignment and said I would pay for it! It's like you can only talk to one person and that person is the only one who has permission to work in the Cemetery! Can I get an outside contractor to do it if no action is taken be custodian?
Expert:  xavierjd replied 5 years ago.
Thanks for the information. I want to look up a few things for you.

I will be back with you in about 20 minutes or so.

Thanks for your patience.
Expert:  xavierjd replied 5 years ago.
The owner of the property is responsible for the property. If the owner has contracted with a "custodian," that's fine. But if the property is owned by the church, then it should be responsible for making sure that the grounds are properly maintained.

Therefore, if you are getting nowhere with the pastor, then you should contact the pastor's boss. Since I am not sure of the type of faith of the pastor, I cannot tell you who that person would be. It may be a Bishop, etc. You can ask the pastor who he answers to and ask for the telephone number. Contact that person regarding the problem. You should be able to get answers from the pastor's "boss."

I can't tell you whether you can hire an outside contractor to repair the gravestones. That is because I don't know who the owner of the cemetery is and what type of contractual obligations that the cemetery has with different companies.

Also, if the cemetery is considered "historical," you may wish to contact your local city commission/council for further information.

I applaud your concern and your willingness to respect the grave sites of those who have passed. Not many would go to the expense you have offered to do to make sure that the dead are honored.

I hope you find this information useful and that you rate my answer and CLICK THE GREEN BUTTON so that I can get credit for answering the question. Thank you. Good luck.
xavierjd and 4 other Legal Specialists are ready to help you
Expert:  xavierjd replied 5 years ago.
Thanks for the generous bonus as well! Best wishes.