PEOPLE in my backyard!

[jpmandan]

I hate to hear that you have people just wondering through your yard. That would make me mad. We have 30 acres, during hunting season hunters trespass, but in Mississippi it is up to the hunter to know where he/she is. If you hunt on private land you (as a hunter) must have writen permison from the landowner, not word of mouth. Good luck.

 

[goofyernmost]

Well, here's a thought. You may own the property leading to the canal but I doubt you own the canal. If they work it like any residential area (I don't know, just throwing it out for thought), there is probably a band of land bordering the canal that is really not yours. It belongs to whatever town you reside it. Much like a sidewalk area on a city street. The city owns that area that they may need to use to gain access to the canal for whatever reason they might have and it would be impossible to get "permission" when they had the need. I don't know what they call it now, but it used to be referred to as a "green belt".

Now if they were well up on your property that's different. Before I would get to "high and mighty" about it I would check zoning ordinances and be sure that they do not have a right to be there, walking along the canal. Also, you may own the dock in the sense that you paid for it and had it placed there but that my come under the same rule since it is in what many might consider a common area that you do not own.

 

[golfgal]

The problem is though, if those kids are injured on her property she could be held legally liable. Also, just because they're kids doesn't mean they can just wander willynilly wherever they want to go. If they had asked permission to be there, it would be different.

People always throw this out as a reason not to have people in their yards, etc, first, LEGALLY to be liable for anything you have to show negligence. Having a couple kids sitting on your dock is in no way negligent. Second, they were uninvited "guests" and again, you are in no way legally liable if they were not invited to your home/property. Now, if you had guests over and a dock that was in poor repair and didn't do anything to warn people that the dock was in bad shape, then you can be held liable for anyone that got injured. Not that people can't TRY to sue you but they have no grounds for the lawsuit.

 

[OceanAnnie]

Well, here's a thought. You may own the property leading to the canal but I doubt you own the canal. If they work it like any residential area (I don't know, just throwing it out for thought), there is probably a band of land bordering the canal that is really not yours. It belongs to whatever town you reside it. Much like a sidewalk area on a city street. The city owns that area that they may need to use to gain access to the canal for whatever reason they might have and it would be impossible to get "permission" when they had the need. I don't know what they call it now, but it used to be referred to as a "green belt".

Now if they were well up on your property that's different. Before I would get to "high and mighty" about it I would check zoning ordinances and be sure that they do not have a right to be there, walking along the canal. Also, you may own the dock in the sense that you paid for it and had it placed there but that my come under the same rule since it is in what many might consider a common area that you do not own.

I don't know. Even if that were the case, the kids would have to walk through the OP's yard to get there. It's still trespassing, to me. The city workers may have a need for access at some point and time, but that seems to be a different case than the OP's (to me).

 

[golfgal]

Well, here's a thought. You may own the property leading to the canal but I doubt you own the canal. If they work it like any residential area (I don't know, just throwing it out for thought), there is probably a band of land bordering the canal that is really not yours. It belongs to whatever town you reside it. Much like a sidewalk area on a city street. The city owns that area that they may need to use to gain access to the canal for whatever reason they might have and it would be impossible to get "permission" when they had the need. I don't know what they call it now, but it used to be referred to as a "green belt".

Now if they were well up on your property that's different. Before I would get to "high and mighty" about it I would check zoning ordinances and be sure that they do not have a right to be there, walking along the canal. Also, you may own the dock in the sense that you paid for it and had it placed there but that my come under the same rule since it is in what many might consider a common area that you do not own.

Around here it is called an easement and they are pretty common. It still doesn't give people the right to walk there just because it is an easement. All it means is that the city has legal access to that strip of land for utilities, etc. and you can't do anything to that land that would prevent that access (build a wall for example). Also, here you DO own your sidewalk and are responsible for all the upkeep and repair.

 

[VillageMama]

I don't know... I can't get upset about two young girls enjoying my dock. I remember being twelve. It's natural to go exploring... especially something as beautiful and inviting as OP's property. What a gorgeous setting!

I don't think that it's indicative of being badly raised. My children are raised super strict with a heavy emphasis on respecting other people's property. But I can see them being drawn to a lovely dock overlooking a body of water. They would be very chagrined to discover that they were trespassing.

Now, if it was a group of teens hanging out, smoking or drinking, I'd have said something, too. But I would have let the two young girls enjoy the day.

 

[mjkacmom]

Well, here's a thought. You may own the property leading to the canal but I doubt you own the canal. If they work it like any residential area (I don't know, just throwing it out for thought), there is probably a band of land bordering the canal that is really not yours. It belongs to whatever town you reside it. Much like a sidewalk area on a city street. The city owns that area that they may need to use to gain access to the canal for whatever reason they might have and it would be impossible to get "permission" when they had the need. I don't know what they call it now, but it used to be referred to as a "green belt".

Now if they were well up on your property that's different. Before I would get to "high and mighty" about it I would check zoning ordinances and be sure that they do not have a right to be there, walking along the canal. Also, you may own the dock in the sense that you paid for it and had it placed there but that my come under the same rule since it is in what many might consider a common area that you do not own.

We don't have many open spaces in this town (37,000 residents, 3 miles long), but we do have some of these. A house on my parent's street backs up to a public park, and one can legally walk through their back yard, and down their long driveway, to the street. My parents also have a cut-through by their garage to another street, and have been allowing people to walk down their driveway to cut through for 40 years (as did the last resident). I'm pretty easy-going if a bunch of kids are playing manhunt, they can use my yard and porch.

 

[SundaeAfternoon]

Forget the lanai, I love the pool!! Very nice. You're fortunate it's enclosed, or you would have some of the foot traffic become pool traffic, I suspect.

Thanks! It also keeps most of the bugs out, which is wonderful!

We have gates and 4 dogs. One is a shar-pei and she scares people. People usually prefer the other side of the sidewalk XD

LOL! I have a Golden Retriever, and I was a little ticked at him for not barking. He was out there, just watching them.

I really don't see the issue with two 10-12 year old girls on your dock. They were probably just bored and exploring a bit, or saw a fish etc in the water. If they weren't hurting anything, and you could see them why not watch for a few minutes and if you noticed them making mischief, or picking flowers then say something. If they are neighborhood kids you just set yourself up for a world of trouble, and trust me word goes quick through all the kids. You have gained a reputation and if they are going to do anything "bad" to a neighbor, they're probably going to do it to you. Speaking from a bit of experience (we had several little hellions on our street) the kids don't target the people who are kinda laid back, don't get mad if a kid walks through their yard, they target the people who moving a couple of rocks, or ding dong ditching etc. is going to get a rise out of them.

I do see the issue, and it's been explained quite well by myself and other posters. And as far as the possible trouble is concerned, let them try. I'll be calling the police next time. I do suspect they were kids from the party a few doors down though.

The problem is though, if those kids are injured on her property she could be held legally liable. Also, just because they're kids doesn't mean they can just wander willynilly wherever they want to go. If they had asked permission to be there, it would be different.

Yep!

You should not have to "supervise" someone's children uninvited on your property to prevent them from hurting themselves and their parents holding you liable. JMO

Right, which could make me over more liable if something happened - if I saw them there and allowed them to stay. They are strangers. Their parents are strangers. Nope, I definitely do not have any obligation to them.

I hate to hear that you have people just wondering through your yard. That would make me mad. We have 30 acres, during hunting season hunters trespass, but in Mississippi it is up to the hunter to know where he/she is. If you hunt on private land you (as a hunter) must have writen permison from the landowner, not word of mouth. Good luck.

Oh boy, that would be a pain! Thanks, and good luck to you as well!

 

[mjkacmom]

Around here it is called an easement and they are pretty common. It still doesn't give people the right to walk there just because it is an easement. All it means is that the city has legal access to that strip of land for utilities, etc. and you can't do anything to that land that would prevent that access (build a wall for example). Also, here you DO own your sidewalk and are responsible for all the upkeep and repair.

I'm responsible for my sidewalk and repair, but I'm also responsible for keeping it clear of ice and snow so that people can walk on it, or else I'm fined.

 

[SundaeAfternoon]

Well, here's a thought. You may own the property leading to the canal but I doubt you own the canal. If they work it like any residential area (I don't know, just throwing it out for thought), there is probably a band of land bordering the canal that is really not yours. It belongs to whatever town you reside it. Much like a sidewalk area on a city street. The city owns that area that they may need to use to gain access to the canal for whatever reason they might have and it would be impossible to get "permission" when they had the need. I don't know what they call it now, but it used to be referred to as a "green belt".

Now if they were well up on your property that's different. Before I would get to "high and mighty" about it I would check zoning ordinances and be sure that they do not have a right to be there, walking along the canal. Also, you may own the dock in the sense that you paid for it and had it placed there but that my come under the same rule since it is in what many might consider a common area that you do not own.

See if that were true around here, I'd be fighting it. They have to walk through my backyard to get to the dock, so I don't see how it's not trespassing.

When they were walking back and forth from the dock, they were up right by the screen, and I know we own that!

People always throw this out as a reason not to have people in their yards, etc, first, LEGALLY to be liable for anything you have to show negligence. Having a couple kids sitting on your dock is in no way negligent. Second, they were uninvited "guests" and again, you are in no way legally liable if they were not invited to your home/property. Now, if you had guests over and a dock that was in poor repair and didn't do anything to warn people that the dock was in bad shape, then you can be held liable for anyone that got injured. Not that people can't TRY to sue you but they have no grounds for the lawsuit.

I agree. For all we know people could be in our yard during the day when we're at work. If they are and they get hurt, sorry, not our problem.

I don't think that it's indicative of being badly raised. My children are raised super strict with a heavy emphasis on respecting other people's property. But I can see them being drawn to a lovely dock overlooking a body of water. They would be very chagrined to discover that they were trespassing.

What I find amazing is the fact the parents are nowhere to be found. My parents would have never allowed me to run around a neighborhood, in everyone's yard and be near a canal without their supervision.

I lived in California until I was 22 (26 now) and people have fences there. If you wanted to see a person's backyard, you'd have to climb over a pretty tall fence. So I guess I'm just not used to this.

 

[VillageMama]

What I find amazing is the fact the parents are nowhere to be found.

Well, you said you suspect they were at a party a few houses down from yours. I happen to have girls that are 10 and 12 years old. They're very quiet and respectful. If they asked me if they could go for a walk, I'd say okay.

I'd like to think that I'd mention to stay off of people's docks because they are private property. But it might not occur to me. I can imagine that they'd be drawn to a dock to look into the water and see if they could spot any fishies.

Usually I'm the first one to get offended at the antics of unruly, *****ciplined children these days. I'm just not feeling the trouble with this one.

(That's so weird... the word that is partially blocked out was nothing bad... just un-disciplined. I guess you can't say un-dis??)

 

[merryweather20]

Well, you said you suspect they were at a party a few houses down from yours. I happen to have girls that are 10 and 12 years old. They're very quiet and respectful. If they asked me if they could go for a walk, I'd say okay.

I'd like to think that I'd mention to stay off of people's docks because they are private property. But it might not occur to me. I can imagine that they'd be drawn to a dock to look into the water and see if they could spot any fishies.

Usually I'm the first one to get offended at the antics of unruly, *****ciplined children these days. I'm just not feeling the trouble with this one.

(That's so weird... the word that is partially blocked out was nothing bad... just un-disciplined. I guess you can't say un-dis??)

Wow! I was pretty surprised at your post. I remember being 10 and 12 and my parents wouldn't have allowed me to trespass! Even if there is an easement for walking, its very evident that the dock is private property not an "inviting" public structure.

 

[pilesoflaundry]

I wonder if they assumed it was city property because kids that age may think the canal belongs to the state or city and with your lanai all screened it just guessed that is where your yard ended.

No excuses but I can see kids thinking that. I would post signs.

 

[kimmar067]

That would irritate me. At our first home (out in the country) I looked out in our backyard when day and there was a man with a RIFLE walking through our yard! It was hunting season- but I was not amused!

...not to mention how DANGEROUS that could have been!

 

[Feralpeg]

It's amazing how things change over the years. When I was a kid, we ran all over the neighborhood. We walked through a lot of backyards. We'd stop and play in one if it seemed the thing to do. We didn't harm anything.

It really bothers me that people can't walk through another person's yard without it being considered bad. In the OP's case, I can see how it would be bad if the girls stopped to fish off her dock or were jumping into the canal or causing some other type of mischief. Walking through and looking at the canal from the dock just doesn't seem bad to me. If you don't want a person to walk through your yard, I suggest a fence.

I agree with the previous poster. People worry too much about liability. Just because someone gets injured on your property doesn't automatically make you liable. You have to be proved negligent and, in the OP's case, that wouldn't be true.

Such an untrusting world this has become.

 

[VillageMama]

Wow! I was pretty surprised at your post. I remember being 10 and 12 and my parents wouldn't have allowed me to trespass!

Where did I... or the girls' parents... advocate trespassing? All I said was that it was an innocent mistake for the girls to be out for a walk and end up on the OP's dock.

 

[OceanAnnie]

It's amazing how things change over the years. When I was a kid, we ran all over the neighborhood. We walked through a lot of backyards. We'd stop and play in one if it seemed the thing to do. We didn't harm anything.

It really bothers me that people can't walk through another person's yard without it being considered bad. In the OP's case, I can see how it would be bad if the girls stopped to fish off her dock or were jumping into the canal or causing some other type of mischief. Walking through and looking at the canal from the dock just doesn't seem bad to me. If you don't want a person to walk through your yard, I suggest a fence.

I agree with the previous poster. People worry too much about liability. Just because someone gets injured on your property doesn't automatically make you liable. You have to be proved negligent and, in the OP's case, that wouldn't be true.

Such an untrusting world this has become.

The world has changed a lot. I think people worry about liability because people are quick to sue these days. It wasn't an issue when I grew up, because people knew everyone in the neighborhood. That's not the case so much now. You don't know what people will do and it could end up costing you. That's not something people generally want to leave to chance. Also, I thought liability could be something like having no fences around pools, would that also apply to the OP's property? Would having no signs be an issue? Could the railing on the OP's pier be an issue if there were an accident? There are a lot of variables that aren't easily foreseen that can come into play.

Also some people you give an inch, they will take a mile. Strangers. Today it's people on your pier. If the owner is perceived as going along with that, then the next step may be bringing more people over, staying longer, and the word further spreads. Not a good situation.

 

[Drew Sailbum]

Local and state law may differ. Where I went to college all waterways were considered public. Any portion of a dock built over the public waterway was also public. Boaters could pull up to your dock, get out, and walk on it. Only if they passed onto private dry land were they trespassing.

As to walking to a dock... where I am now the waterline up to the mean high water mark is public. You cannot restrict access along the water's edge.

 

[lillygator]

Nope, no signs. Nobody here has them. Our city is kind of strange with rules, so I'd have to check if
we are allowed to put up signs.

There's a party a few houses down today, and I think these girls might be guests at the party. Hopefully their parents don't come over and yell at me for chasing their kids away or anything.

what city in FL is this?

Here is a picture of our lanai, to give you an idea of how our backyards are set up. Everything is very open, and apparently a free for all!

A lanai is basically a screened-in porch. I don't know why they call them that here, but I like it. Reminds me of Hawaii.

a lanai is basically any type porch in FL, doesn't have to be screened.

Well, here's a thought. You may own the property leading to the canal but I doubt you own the canal. If they work it like any residential area (I don't know, just throwing it out for thought), there is probably a band of land bordering the canal that is really not yours. It belongs to whatever town you reside it. Much like a sidewalk area on a city street. The city owns that area that they may need to use to gain access to the canal for whatever reason they might have and it would be impossible to get "permission" when they had the need. I don't know what they call it now, but it used to be referred to as a "green belt".

Now if they were well up on your property that's different. Before I would get to "high and mighty" about it I would check zoning ordinances and be sure that they do not have a right to be there, walking along the canal. Also, you may own the dock in the sense that you paid for it and had it placed there but that my come under the same rule since it is in what many might consider a common area that you do not own.

I was thinking along those lines.....same as those who own beach front property. You don't own the beach.

I'm responsible for my sidewalk and repair, but I'm also responsible for keeping it clear of ice and snow so that people can walk on it, or else I'm fined.

yikes, glad we don't have that problem!

It's amazing how things change over the years. When I was a kid, we ran all over the neighborhood. We walked through a lot of backyards. We'd stop and play in one if it seemed the thing to do. We didn't harm anything.

It really bothers me that people can't walk through another person's yard without it being considered bad. In the OP's case, I can see how it would be bad if the girls stopped to fish off her dock or were jumping into the canal or causing some other type of mischief. Walking through and looking at the canal from the dock just doesn't seem bad to me. If you don't want a person to walk through your yard, I suggest a fence.

I agree with the previous poster. People worry too much about liability. Just because someone gets injured on your property doesn't automatically make you liable. You have to be proved negligent and, in the OP's case, that wouldn't be true.

Such an untrusting world this has become.

I'm 35 and a native Floridian. We'd cut across backyards on the way home from school. Now, we don't let our girls go out without us. We have a canal on one side of us and an intercoastal waterway at the end of the street. Luckily everyone around here is pretty friendly and while most people aren't jaywalking through backyards, it is an unwritten rule that you are welcome to pass by and through to either waterway.

 

[mjkacmom]

Where did I... or the girls' parents... advocate trespassing? All I said was that it was an innocent mistake for the girls to be out for a walk and end up on the OP's dock.

I probably would've made the same mistake - there are no private properties that butt up to water here.