How to access a stream of a BLOB?

If I own the water access to a stream that runs through my backyard and the backyard of 7 of my neighbors...?

  • am I liable if one of them gets hurt or drowns? I'm most likely going to be purchasing a new home and it sits on a large stream with a 100ft drop off. The home that I am purchasing sits on waterfront and included in the land is both sides of a block worth of the stream. Many of the neighbors have built stairways down the embankment and fishing docks and sundecks overlooking the water...that are technically on my property. I don't want to be "that neighbor" but I do want to make sure I am protected in case anything happens. Can I just post no trespassing signs, but verbally tell them I'm fine with them using the stream for fishing etc as long as they know I'm not liable or do I need to put up a fence? The house is an old manor and it's been abandoned for many years. The previous owner passed after living there for 60 years so I can't ask what he did about it.

  • Answer:

    Do you own the stream or just access to it? If all you have is access, the docks and decks aren't on your land, so it's not conceivable that you could be liable.

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Post a "NO TRESPASSING UNLESS YOU PLAN ON LETTING US VIDEO TAPE" sign up. You know these darn kids nowadays always looking for a spot to neck and fornicate.

Mouthful of Goodies

You need to speak to your insurance company. They will require you to limit access, in most cases, but only they can advise you accurately.

The Great Quizoo

THE FOLLOWING IS NOT LEGAL ADVICE AND DOES NOT GIVE RISE TO ANY FORM OF ATTORNEY-CLIENT RELATIONSHIP. Depending on how long they've had their docks for, they might technically "own" that portion of the property under the theory of adverse possession. If that's the case, it's not yours because the previous owner lost title and cannot now revive title by selling the property to you. This all depends on the length of their adverse possession and some other factors that your lawyer can explain to you. Since you're buying a home, you should already be represented by counsel. Ask him how best to proceed. If your neighbors don't meet all of the requirements for adverse possession, you have to take some kind of affirmative step to break their possession- no trespass signs are a good start. If it is still your property, you can be liable for injuries sustained. You might want to try mitigating any potential damages by putting up signs about swimming at your own risk, etc. When it comes to the docks themselves, there's another issue. You don't know how well they were constructed, so you might have a liability concern there if someone is injured on the dock- especially considering you're aware of their presence and use. I would strongly advise that you talk to a lawyer about this. A few dollars now can save you a lot more later on...

Heller

IF THE PROPERTY BELONGS TO THOU, THOU MUST ERRADICATE THE NEIGHBORS. SHALL THIGH SEND A FLOOD? LOCUSTS? PLAQUE?

God LV

I had 40 acres with a steam and fishing hole in Virginia. My business was located on the property and my 10 million of business liability insurance had me pretty well covered. I did have to set some rules and guidelines with my 18 neighbors. They were told personally with nothing in writing that the safety of there children was there responsibility, littering was strictly forbidden and no motorized vehicles. In the 16 years I lived there I only once had a problem and that was with some idiot claiming one of my neighbors had given him permission to cut firewood on my property. I shot out one of his truck tires and called the sheriff, a good friend. RScott

OURScott

Razor wire and an electric fence should send the message loud and clear.

Balanda_1

Ohh Batty is this the house you said I could move into with you! It sounds divine! But do we really want neighbors wandering around the property at all hours? There is no telling what they might see! Okay...honestly - I would speak with whomever is assisting you in purchasing the property. You can "tell" your neighbors you are not responsible for injury but if you have no proof it ends up your word against theirs. I wish I could be of more help here...just make sure you cover your own ar$e hun...and congrats on the new place!

Wren

The title company needs to review the rights of way and the access easements if there are any; and your lawyer needs to review what they decide.

wizjp

post no trespassing signs and shoot to kill.

Batty's Stud Schmecky

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