The Kentucky Court of Appeals has ruled that the Brumagen family has the right to continue using a family cemetery, despite the objections of the new property owners, the Maddoxes. The court's decision, issued on August 7, 2026, clarifies the legal rights surrounding burial in private family cemeteries and sets a precedent for similar disputes in the future.
This ruling affects the Maddoxes, who purchased land containing the Brumagen, Abrams, Hayes Cemetery in 2023, and the Brumagen family, who have relatives buried there and plan to be buried in the cemetery themselves. The decision is significant as it addresses the rights of families to maintain access to burial sites, even when property ownership changes hands.
Background
The dispute began when Dana Hal Maddox, Alyssia Noelle Maddox, and Kimberly Ann Maddox (the Maddoxes) acquired a 14-acre tract of land in Clover Bottom, Jackson County, Kentucky. This land included the Brumagen family cemetery, which has been in use for over a century. The Maddoxes purchased the property from the Estate of Mary King Abrams on March 28, 2023, and shortly after, they erected a locked gate to restrict access to the cemetery.
The Brumagen family, consisting of Bernie Brumagen, Betty Van Winkle, Ricky Brumagen, Susan Price, and William Brumagen, filed a complaint against the Maddoxes in July 2023. They claimed they were denied access to the cemetery after the Maddoxes installed the gate and refused to provide keys. The Brumagens sought a court order to allow them to visit, maintain the cemetery, and conduct future burials there.
The Maddoxes countered that the Brumagens had no rights to the cemetery, arguing that their ancestors had lost ownership of the land long ago due to unpaid taxes. They claimed that the cemetery's existence did not confer any burial rights to the Brumagens.
The Ruling
The Kentucky Court of Appeals, led by Judge Caldwell, upheld the lower court's decision, which had granted summary judgment in favor of the Brumagens. The court ruled that the language in the deed stating the property was “subject to that Cemetery, and the access road thereto” indicated that the cemetery was reserved from the conveyance to the Maddoxes.
The court stated, "The boundaries of the cemetery and access road were clearly delineated on the plat; that the phrase 'subject to' demonstrated that the cemetery and access road were not conveyed to the Maddoxes."
This ruling means that the Brumagens, along with their heirs, have the right to conduct burials and maintain the cemetery without interference from the Maddoxes. The court emphasized that the Maddoxes must not erect any impediments along the cemetery boundary or access road.
Impact
This decision has significant implications for property rights and burial practices in Kentucky. It reinforces the idea that the rights to family cemeteries are not extinguished when property ownership changes. Families with historical ties to burial grounds can maintain their rights to access and use those sites, even if they no longer own the land.
The ruling also sets a precedent for future cases involving family cemeteries in Kentucky. It clarifies that the presence of a cemetery on a property can create legal obligations for new owners, who must respect the burial rights of families with historical ties to the site.
What's Next
The Maddoxes may consider appealing the decision, but further details on any potential appeal were not available in the court filing. The case highlights the ongoing legal complexities surrounding property rights and family cemeteries in Kentucky.