As an absentee land owner, how do I protect my land from people that tresspass; example, driving across my land to get to their land because it is a shorter distance. What insurance should be carried if you own vacanat land?
Q.As an absentee land owner, how do I protect my land from people that tresspass; example, driving across my land to get to their land because it is a shorter distance. What insurance should be carried if you own vacanat land?
A.As a preliminary matter, you should always have liability insurance on the property itself. Check with your local insurance broker for the best product for you. As for your potential liability to trespassers, the days of absolute immunity are gone. You are required to take reasonable measures to prevent injury by those coming on your land -- and that includes anticipated trespassers. There are some limited protections under specific circumstances (e.g. recreational use immunity), but those are legal defenses after you've already been sued. The best course of action to examine property, eliminate unreasonable risks (e.g. open wells), warn potential trespassers of risks with perimeter signage, and if possible, gate or fence off areas of concern. Also, if others have been and continue to use your property for ingress, you should also be concerned about their gaining an easement by prescription. Before they use a road/path regularly for five (5) years and you must interrupt that use (e.g. installing a gate or fence across pathway) or by posting sign permitting that limited use. If you concerns about establishment of prescriptive easements, I recommend that you consult with a local real estate attorney.
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