Hoping to avoid cost of new fence

[4HOLIDAYS]

Does anyone know if we are protected , liability wise on our home , if we just post signs that say "no trespassing" and sign them? This is what a couple neighbors have told me that was told by their ins companies. One has 5 lots, so sevral hundred feet, and has multiple rental properties, has gone against South Florida Water Management and won legal battles, so I feel somewhat confident that he is correct.

It is 150 ft section so I am hoping to avoid this cost if possible. My agent has no clue said she would have to try and find out from the underwriters of our home policy.

 

[tvguy]

I think if the fence really NEEDS to be replaced, all the signs in the world aren't going to overcome that.

 

[Hikergirl]

I know for our land (not our residence) we are not held liable for trespassers. You have to check your state laws, we had to follow those, like what type of signs, how far apart etc. I do not know if the same applies to residences, and your state may have different laws.

 

[Alesia]

You need to call your insurance company and ask them.

 

[wilkeliza]

It really depends. I know there are some places that have an attractive nuisance law that applies to children trespassers. So say you have horses, a lake with a deck (my uncle said the lake itself doesn't count but put a deck and suddenly it does), a pool, anything that can be attractive to children you can be held liable if the trespass and get hurt in the process. So a no trespassing sign won't be enough to prevent an attractive nuisance liability but a decent sized fence does show you tried to prevent access to the property in a physical way.

 

[undertheradar]

Does anyone know if we are protected , liability wise on our home , if we just post signs that say "no trespassing" and sign them? This is what a couple neighbors have told me that was told by their ins companies. One has 5 lots, so sevral hundred feet, and has multiple rental properties, has gone against South Florida Water Management and won legal battles, so I feel somewhat confident that he is correct.

It is 150 ft section so I am hoping to avoid this cost if possible. My agent has no clue said she would have to try and find out from the underwriters of our home policy.

Perhaps call your local zoning office or HOA, if you have one.

 

[4HOLIDAYS]

No HOA, zoning is good. This is the water management-federal not even state so they can do a lot more. They just redid the canal embankements. We almost all have fences down the sides of homes to the canal and they are now saying no permanent structures because they have a right of way to maintain the canal. We have put fencing, chain link with metal temp posts (only the last 20 ft so they can get thru for maintenance-rest is regular fencing)so that no one can cross , enter my property from the canal.

The new fence would be across the back ( lrft to right) of property if I can no longer keep the fence from the fromt to the back. If that is the case I would only be able to post signs saying no trespass and hope that protects us ffrom liability since now anybody could cross the back 20 ft deep of the property. Before a bunch of us had put the fences up years ago we had people walk, bike, dirtbike, quad going across the entire neighborhood's back yard along the canal. While water Management did the rebuilld of the embankment and the fenses were down it started right away. They would cut in from end of street at a park or if someone has no front fence. Signs all over saying private property but that still did not stop until the fences went up.

I appreciate the info.

 

[MillauFr]

Does anyone know if we are protected , liability wise on our home , if we just post signs that say "no trespassing" and sign them? This is what a couple neighbors have told me that was told by their ins companies. One has 5 lots, so sevral hundred feet, and has multiple rental properties, has gone against South Florida Water Management and won legal battles, so I feel somewhat confident that he is correct.

It is 150 ft section so I am hoping to avoid this cost if possible. My agent has no clue said she would have to try and find out from the underwriters of our home policy.

What is the issue that you are concerned about? I would try to reduce any hazards on my property regardless.

 

[badiggio]

Contact your insurance and get it on paper.It wouldn't be the first time an insurance company has refused to pay.

 

[tvguy]

No HOA, zoning is good. This is the water management-federal not even state so they can do a lot more. They just redid the canal embankements. We almost all have fences down the sides of homes to the canal and they are now saying no permanent structures because they have a right of way to maintain the canal. We have put fencing, chain link with metal temp posts (only the last 20 ft so they can get thru for maintenance-rest is regular fencing)so that no one can cross , enter my property from the canal.

The new fence would be across the back ( lrft to right) of property if I can no longer keep the fence from the fromt to the back. If that is the case I would only be able to post signs saying no trespass and hope that protects us ffrom liability since now anybody could cross the back 20 ft deep of the property. Before a bunch of us had put the fences up years ago we had people walk, bike, dirtbike, quad going across the entire neighborhood's back yard along the canal. While water Management did the rebuilld of the embankment and the fenses were down it started right away. They would cut in from end of street at a park or if someone has no front fence. Signs all over saying private property but that still did not stop until the fences went up.

I appreciate the info.

To your specific concern about liability. I am not sure with the Courts that you can be 100% certain you will not be found liable, no matter how many signs or fences you put up. One red flag in this post to me is that, trespassing or not, it was common for people in the past to cross the property. That raises the whole issue of easements. Some states have funny laws, like, if someone is allowed to cross private property three times, they have established an easement, and now have a right to cross your property at your risk. We have an area here in the Pocket area of Sacramento along the Sacramento River where houses back up to the levee that has been tied up in the courts for years. Homeowners are not supposed to put up fences, but do, one even built an in ground swimming pool that is partly in a public easement. As one lawyer put it, a lot of folks don't realize that, while they own the land, they have to allow anyone who wants to be in the last 10 feet in, and if they get hurt, they can be held liable.

 

[4HOLIDAYS]

I don't want the cost of the 150 ft fence is the immed $ concern. No one has been "allowed " to cross-people sneak by. Signs everywhere. Once someone was running from the cops and was hopping fences to try and get away! We are deeded to the middle of canal, we have had research from formation of canal. I even have copies of plat maps from then. The only easement is the water management has a maintenance right of way easement so if there are downed trees, blockages, erosion(that was their story this last project) they can come through, which is why you cannot put a building up in that section.

I do know that most the sections along the Hillsboro canal do not have the same rights we do. This is from way back when the first subdividing was done in the area.

The second $ concern is the liability-if they no longer want us to have fences with the signs, will the sign on a post have the same protection.

I think we may need our atty on this. He is a big time real estate atty but sooo expensive. The funny thing is, there is an atty down at the end of street and he even has a dock, no signs, no fences or anything even with a pool in back! One of the neighbors who knows him is trying to contact him and see what he says about all of this. I know what you are talking about TVGUY, with the last 10 ft, on the intercoastal there are certain laws like that and the people HATE it.

Thanks for the info. I keep passing on to my neighbors all the input!

 

[starry_solo]

Nothing will ever prevent you from being sued if someone is hurt on your property

What you are talking about is a defense to a lawsuit. If you are ever sued by someone injured on your property, just send it to the insurance company