trespasers

[hfd9341]

Ok heres my problem I have ten acres i can use. All I need is liability insurance. But the problem is the neighbor kids wont stay off the property. Is there anyway to legally keep them off? Iam afraid if they get hurt they will sue us. Whats a good insurance company for the liability. Also if i had insurance would that cover the kids if they got hurt.

 

[MoGal]

Check on your state laws.
In MO, if you paint purple stripe on trees it means no trespassing.
Have you tried calling the law to report them trespassing? If you haven't, then you need to, as that would establish a record of you trying to keep them from trespassing.

 

[Scotty]

Check on your state laws.
In MO, if you paint purple stripe on trees it means no trespassing.
Have you tried calling the law to report them trespassing? If you haven't, then you need to, as that would establish a record of you trying to keep them from trespassing.

Call the law. I have a sign that states: Trespassers will be shot, survivors will be shot again. No, serioulsy go talk to the people. Explain your concerns.


Scotty

 

[flaboy+]

I agree with Scotty. Go talk to the parents and see what they have to say. You might also get them to sign a disclaimer stating that if their kids get hurt on your property even though you are NOT granting permission for them to be there that you will not be held responsible because you provided a warning of unlawful trespass to them. Disclaimers are not always bullet proof but often will work to keep your butt out of trouble.

 

[Alan]

I have a old house on or property that can't be seen from road or our house. A few years ago, I suspect it was the neighbor boy, high school age, was parking with his girlfriend and necking. Well then someone started going in the house a tearing things up. I found a reason to go to my neighbors and talk about his tractor or what ever and turned the conversation to I was suspecting some kid was parking and necking at the old house and then tearing things up. I did this in front of the father and kid, I looked at the kid and dad looked at the kid, no one ever accused anyone but I never had a problem again.

I would confront the parents and politly tell them of your concerns. What's on the property the kids could hurt or get hurt by? As a kid I use to cross 3 neighboring properties to get to the woods where I could "explore" the area. We always respected their property and walk striaght through, waved politly as we went when we saw them. They always waved back. But now looking back they may have hope this kept our pellet guns aimed at the ground and not their windows. It was good times!

Alan

 

[Brandonm2]

I would confront the parents and politly tell them of your concerns. What's on the property the kids could hurt or get hurt by? As a kid I use to cross 3 neighboring properties to get to the woods where I could "explore" the area. We always respected their property and walk striaght through, waved politly as we went when we saw them. They always waved back. But now looking back they may have hope this kept our pellet guns aimed at the ground and not their windows. It was good times!

Alan

It ain't "Leave it to Beaver' out here any more. We bought some property in west Alabama. I noticed a lot of 4 wheeler action out there for some reason; but paid little attention to it. Eventually, I found a small home made furnished cabin (the previous owner did not know about); being used as a metamphetamine lab!!! Needless to say I burned all the bunsen burners, beakers, scales, pipets, spraytanks, etc and immediately posted the whole property and locked all the entrances.

 

[Campground Cattle]

Its amazing what a laywer can get people to buy into, 3 things will make a man break seven of the 10 commandments a dollar bill, land deed and a white tail deer. Anytime some one comes on your property you have got to think liability as the wise gentleman from Alabama stated we ain't in the 50's any longer.

 

[cypressfarms]

Its amazing what a laywer can get people to buy into, 3 things will make a man break seven of the 10 commandments a dollar bill, land deed and a white tail deer. Anytime some one comes on your property you have got to think liability as the wise gentleman from Alabama stated we ain't in the 50's any longer.

Whitetail deer make you break 7? Man he must have a rack.

 

[Alan]

I would confront the parents and politly tell them of your concerns. What's on the property the kids could hurt or get hurt by? As a kid I use to cross 3 neighboring properties to get to the woods where I could "explore" the area. We always respected their property and walk striaght through, waved politly as we went when we saw them. They always waved back. But now looking back they may have hope this kept our pellet guns aimed at the ground and not their windows. It was good times!

Alan

It ain't "Leave it to Beaver' out here any more. We bought some property in west Alabama. I noticed a lot of 4 wheeler action out there for some reason; but paid little attention to it. Eventually, I found a small home made furnished cabin (the previous owner did not know about); being used as a metamphetamine lab!!! Needless to say I burned all the bunsen burners, beakers, scales, pipets, spraytanks, etc and immediately posted the whole property and locked all the entrances.

I agree times have changed, but having neighbor kids come into a field is alot different then 4 wheelers and building a cabin for a meth lab. I'm not saying anyone should let anyone they don't want on the property, it's the landowners choice to make. I'm just saying there is a neighborly way to handle it and think about what they are really hurting... but I sure would check out who's on my property and why, adults would get a lot rough treatment then a neighbor kid.

JMO
Alan

 

[SPRINGER FARMS MURRAY GRE]

I would confront the parents and politly tell them of your concerns. What's on the property the kids could hurt or get hurt by? As a kid I use to cross 3 neighboring properties to get to the woods where I could "explore" the area. We always respected their property and walk striaght through, waved politly as we went when we saw them. They always waved back. But now looking back they may have hope this kept our pellet guns aimed at the ground and not their windows. It was good times!

Alan

It ain't "Leave it to Beaver' out here any more. We bought some property in west Alabama. I noticed a lot of 4 wheeler action out there for some reason; but paid little attention to it. Eventually, I found a small home made furnished cabin (the previous owner did not know about); being used as a metamphetamine lab!!! Needless to say I burned all the bunsen burners, beakers, scales, pipets, spraytanks, etc and immediately posted the whole property and locked all the entrances.

I agree times have changed, but having neighbor kids come into a field is alot different then 4 wheelers and building a cabin for a meth lab. I'm not saying anyone should let anyone they don't want on the property, it's the landowners choice to make. I'm just saying there is a neighborly way to handle it and think about what they are really hurting... but I sure would check out who's on my property and why, adults would get a lot rough treatment then a neighbor kid.

JMO
Alan

I would agree to go the "neighborly" route first, I always wanted to know if my kids got into something so I could deal with it myself,but unfortunately there are many parents out there these days that take the attitude "my son would not do something like that",even when you tell them you saw them with your own eyes.So I would prepare to go to the authorities as well as talk to the parents.Sometimes that is what it takes to get the parents to do something about the situation. :shock: :x ;-) :cboy:

 

[Texas PaPaw]

Ok heres my problem I have ten acres i can use. All I need is liability insurance. But the problem is the neighbor kids wont stay off the property. Is there anyway to legally keep them off? Iam afraid if they get hurt they will sue us. Whats a good insurance company for the liability. Also if i had insurance would that cover the kids if they got hurt.

HFD

The way I interpret your post is you have permission to use the property but don't own it. Please clarify the ownership issue? As far as getting sued, anyone can sue anyone for just about any reason. The big problem with even groundless suits, is you still have to defend yourself (can you $pell Lawyer$$) If you have premises liability insurance for this specific property it should provide for defense costs plus any judgements against you, subject to the $ limits of the policy. The first place i would check with for coverage is your current insurance agent. there is a possibility he can add an endorsement that will extend your homeowners liability to this property. If you do not own the property, make sure he knows this. If you do not own the property it may still be possible to get coverage for yourself. In order to do this you will need to have an 'insurable interest" in this property. A written lease which requires the tennant to provide coverage for the leased property is one way to establish an insurable interest. A knowledgeable agent should know how to handle this. A number of insurance companies do not want any farm related liability exposures. If you encounter this, i would suggest you try to find a CalFarm or Allied insurance agent. The last I knew, they wrote wrote farm risks. A stand-alone farm liability policy should do the job if your homeowners carrier will not add this to your current policy. My best guess is the premium for a stand alone policy would be between $100-$200 yr. If this can be added as an additional premises to a homowners it should be even cheaper. Also, make sure you liability limits are at least $250,000 if not higher. Higher liability limits generally cost very little more than low limits. With today's medical costs and runaway jury awards even $250K could be gone in a heartbeat.

Also, a brief call to your personal attorney would probably be wise.

As suggested by others, I would have a friendly chat with the neighbor parents. However, first I would visit with law enforcement agency that has jurisdiction for this property and find out what they suggest. While chatting with the neighbors, I wouldn't mention talking to the law, unless they are not receptive. If they seem reasonably cooperative and friendly, no need to muddy the waters unless they force the issue.

Hope you find this post helpful
Merry Christmas and best wishes to all.

Brock

 

[hfd9341]

Thanks for all the comments. I talked to the parents of the kids and they pretty much said they aint going to keep there kids off and they're not going to sign a waiver if there kids get hurt. Come to find out my parents and I were right they are sueing someone right now, because they're kid broke his arm on a little lot on the side of the road. And to clear it up no i dont own the property its a lease.

 

[flaboy+]

I hate to say it but talk to a lawyer. I don't think you would be liable if you are leasing though. Like someone said they can always sue for something though.

My niece had some neighbors kids shoot one of her cows with an arrow and later with a pellet gun. I went and had a talk with their dad and he basically said that he knew his kids were bad but couldn't do anything about it. I told him either he would or I would. I caught them shooting again and had them arrested. I told them the next time it happened I would own their property. It got better from there but it was tense with for my niece for a while after that because they scared her. All fours boys ended up in jail over the next 2-3 years. The youngest being 9 years old. They are gone now. BTW they were from NY City.

 

[Mahoney Pursley Ranch]

NEW YORK CITY GET THE ROPE

 

[cypressfarms]

And to clear it up no i dont own the property its a lease.

The landowner may be reponsible for liability. Most leases have a clause that states the lesee must provide "x" amount of insurance to cover just this type of scenario.

 

[Alan]

Contact the Sheriff or local Police and let them know you have spoken to the parent and they refuse to keep kids off posted property, just to have the record on file. Maybe film themif you can and turn over to sheriff to be charged with trespassing.

Good luck
Alan

 

[fit2btied]

In MO, you can post with signs and paint all the trees you want with purple paint. But, if someone cuts their arm while climbing over your barbed wire fence while running away with the tools they just stole out of your shop, you can be held responsibile for their medical expenses and any pain and suffering their lawyer may dream up. There are counter charges you can file, but you can be held liable. Having contact with local authorities and being on record will help your cause though. Good luck.

 

[nycowgirl]

The kids have been told (as have their parents) to stay off the property. I assume you have posted no trespassing signs too. Everytime you see the kids on the property call law enforcement and have them arrested. The parents will probably get sick of dealing with the appearance tickets the kids will be issued. Here in NY what they are doing is a crime regardless of the age of the kids.

 

[downsfarm]

I have a sign on both my fields that says the bull can cross this field in 20 seconds how lucky do you feel. i tell you people stay off my land even the snow mobilers

 

[mitchwi]

A Farmer worked with the DNR and law enforcement to get all requirements for posting his land to keep, in this case hunters, from trespassing on his land as he had been having a problem with hunters coming over from neighboring land onto his land. This farmer also had various tree stands on his property. One of these trespassing hunters, again trespassed and used this farmers tree stand, and on his way back down the treestand fell and broke his back. This trespassing hunter sued the farmer, and won.....get this, because the farmer had a ladder/steps that went to his tree stand so it was accessible. It was stated the farmer should of removed the ladder/steps and then he would of not of been held responsible.

This is so not right! :shock:

Do what you need to to CYA