Abandoned Cemeteries and Forgotten Graves: What to Do

An abandoned cemetery is a burial ground that no one is actively caring for. It is still a cemetery. The land stays with its private or public owner, graves generally cannot be moved without a permit, and in many states descendants have a legal right to reach a family burial ground. The rules differ from state to state, so check your state's law before you visit, clean or dig.

What counts as an abandoned cemetery?

There is no single national definition. Laws use different terms, and the term decides which rules apply.

• Texas separates unknown or abandoned cemeteries from "unverified" ones, where there is some evidence of burial but unmarked graves have not been verified by a qualified person or the Texas Historical Commission.
• Louisiana gives its Division of Archaeology jurisdiction over unmarked burials and abandoned cemeteries, but not over cemeteries that a municipal, fraternal, religious or family organization maintains and keeps in good condition.

In everyday use, the phrase covers old family plots on farmland, churchyards whose congregations have gone, and town cemeteries where the owner has disappeared. The question that matters is who the law says is responsible, which is covered next.

Who owns and maintains an abandoned cemetery?

In most cases the owner is whoever holds title to the land. That may be a private landowner, a church or a local government. Owning the land does not always mean having a duty to maintain the graves, and nothing allows an owner to destroy them.

Some states give local governments a way to step in. Texas Health and Safety Code 713.009 lets a municipality take possession of an unkept or abandoned cemetery that threatens public health, safety, comfort or welfare. If the city does not act, a district court can appoint a willing nonprofit. Within 60 days the city or nonprofit must present a plan to repair fences, reset memorial stones and restore the site. The law does not apply to perpetual care cemeteries or private family cemeteries.

That last point matters. A cemetery with a perpetual care fund may already have money for upkeep, though as our guide to perpetual care fees explains, "perpetual" does not guarantee unlimited care. See also cemetery rules and regulations.

Can you visit graves on private land?

In many states, descendants and others can reach a cemetery on private land at reasonable times, though the owner may set the route and hours. These examples show how the details vary:

• Texas. A person who wants to visit a cemetery with no public way in has the right to reasonable access. The landowner may set routes and hours. Outside those hours the owner must allow a visit if you give written notice at least 14 days ahead and the time is reasonable. The right does not apply to an "unverified cemetery," and interfering with access is a Class C misdemeanor.
• Virginia. Family members and descendants, plot owners and genealogy researchers may visit on reasonable notice to the owner. The owner controls the hours and route, and a person denied access can sue in circuit court.
• Florida. Relatives and descendants of people buried in a cemetery have an easement to enter and leave at reasonable times and in a reasonable manner (Florida Statutes 704.08). A 2025 bill (HB 1577) that would have added a state access easement for abandoned cemeteries on private land died in committee.

Even where the law is on your side, contacting the owner first usually goes better. The Texas Historical Commission suggests identifying the current owner through the county appraisal district, explaining who you are and what you plan to do, and following the route the owner sets. It notes that no state agency in Texas enforces the access law, so enforcement falls to local law enforcement.

How do you find a lost cemetery or a forgotten grave?

Work from the records outward.

1. Find the burial place in family records. A death certificate, obituary, funeral home record or church register may name the cemetery.
2. Search Find a Grave and similar databases. Volunteers have documented many small cemeteries. See our Find a Grave guide.
3. Check historical maps. The USGS topoView collection spans 1884 to 2006, and small cemeteries often appear on older topographic maps.
4. Ask local sources. County clerks, county historical commissions, genealogical societies and local libraries may hold plat maps, deeds and survey records.
5. Contact the state archaeologist or historic preservation office. They may have records of sites that never reached a deed.

Our guide to finding a cemetery covers active cemeteries as well.

Can you clean or restore an old cemetery?

Get permission first. The Texas Historical Commission advises getting written permission from the legal owner before any protective work, and the owner may be a government, a cemetery association or a private landowner.

The National Park Service's guidance is to use the gentlest means possible. It does not aim to make stones look new, because cleaning can speed up deterioration.

• Test a small patch first.
• Use water and a soft bristle brush, or a non-ionic cleaner with a neutral pH.
• Do not use bleach, wire brushes, power washers, sandblasting or strong acids.
• Call a professional for stones that are leaning, flaking or sugaring.
• Avoid cleaning in freezing weather.
• Do not clean historic stones more than once a year.

The Texas Historical Commission also warns against chalk, talc, flour or shaving cream to read faded inscriptions. It suggests recording in morning light or reflecting sunlight with a mirror instead.

Photograph and record a stone before you touch it, and leave objects placed on graves alone, since they may be deliberate tributes. Rules for decorations vary, and our guide to grave decoration rules covers cemeteries that are still active.

What should you do if you find unmarked graves?

Stop work and do not dig or probe. Follow the reporting rules where you live.

• Louisiana: contact law enforcement within 24 hours and the Division of Archaeology within 72 hours. No penalty applies for accidentally uncovering remains if the discovery is reported promptly.
• Texas: a person who discovers an unknown or abandoned cemetery files notice with the county clerk, who forwards a copy to the Texas Historical Commission, and mails notice to the landowner. The clerk may not charge a fee for the filing. For a possible cemetery where unmarked graves are not verified, a separate Notice of Unverified Cemetery applies.

Recording the site also protects it. In Texas, the Historic Texas Cemetery designation records a cemetery's boundaries in the county deed records so future owners of nearby land know it is there.

Can graves be moved?

Generally not without official approval. Louisiana's Division of Archaeology says no remains will be removed from a site until jurisdiction is established and a permit is obtained. Many other states also require a permit or court order, and some require notice to descendants, so check your own state's rules. Our exhumation FAQ explains how legal removal works.

What to do next

1. Identify the owner of the land and, if you can, the state or county office responsible for cemeteries.
2. Look up your state's cemetery access law before you visit, and give the owner notice.
3. Document what you see with photographs and notes, without disturbing anything.
4. Report unmarked or neglected graves to your state archaeologist, historic preservation office or county historical commission.