This case has been decided in favor of the petitioner. However, after reading the land grant to the buyer you can see the original intent and what it implied:
the deed included the following language: “We . . . do freely give grant sell convey and confirm . . . a certain piece of land lying and being in Hartland . . . . Possession to be given the first day of April 1854. Excepting out of the above described premises 41 feet of ground by 27 feet which is the burying ground on said premises.”
With that being said in the deed it's very obvious that the original owner was NOT selling his family plot. The only problem is that the original owner should have also asked for an easement so the family plot would easily be accessible but, the fact remains, HE DID NOT SELL THE FAMILY PLOT!