Neighbor has kids' equipment/pool on my property

[joni4122]

What is the name of your state? New Jersey

The property lines on our street do not extend straight back behind homes if you are looking at the homes' front doors. Instead, they angle back to the left. Thus, the land directly behind your house may not all be yours. This is the case with our neighbor. When we moved here two years ago, he had children's play sets constructed in the field in back of his house. He has since put in an inflatable pool and is assembling a swingset. When he entertains - as he is doing this weekend - he erects a tent and puts picnic tables back there.

The problem is that all of this equipment is on my property and, I understand from my homeowner's insurance company, that if anyone is injured on that property, I am liable.

My husband's immediate and extended family are all neighbors of ours and this particular neighbor is a godson to his uncle. They have all just "gotten along" with the funky property lines and "pretended" that the property behind each home is theirs. Legally, though, it isn't.

Do we have to tell this neighbor to move all the equipment from our property or can we have him sign a liability release in case anyone is injured while attending one of his parties, or his children have friends over and they are injured on the equipment?

 

[FlyingRon]

Liability releases are not foolproof. Specifically he can not waive OTHER people's right to sue you so the parents of the kid from two houses over that comes in drowns in that pool can still sue you.

If all these lots are owned by related people, perhaps a better deal would be to hire a lawyer to redraw the property lines to a more conventional orientation. It will probably be more advantageous in the long run. I've got a little subdivision of family land next to me. Similar story, all the residents are descendants of the original owner but it's even worse than your situation, the houses themselves straddle the property lines. The day one of them sells it's going to be a real mess.

 

[joni4122]

Thank you for mentioning realignment. One of the problems with this neighbor is that, though most of us have property lines extending 2 acres or more back, that house does not. Even if they were "straightened," his pool would still be on someone else's property because it is farther back from his home than his property line extends.

Also, thank you for the tip on liability not extending to third parties. I wasn't so worried about him as he is "family" but any guest of his COULD still sue me so I guess I have to have that dreaded "move your stuff" conversation.

 

[45Frank]

Use to live in NJ and we all had an old fire road at the rear of our property. A neighbor had signs everywhere called the cops regularly and was still sued and lossed when a kid broke his leg riding a motor bike on the road. He just happened to land on his property.
Be careful NJ is a very liberal state.
When we put a fence across our own property we were forced by the Twp. to remove it after a kid tresspassing cut himself up while again riding on the road.

Thank you for mentioning realignment. One of the problems with this neighbor is that, though most of us have property lines extending 2 acres or more back, that house does not. Even if they were "straightened," his pool would still be on someone else's property because it is farther back from his home than his property line extends.

Also, thank you for the tip on liability not extending to third parties. I wasn't so worried about him as he is "family" but any guest of his COULD still sue me so I guess I have to have that dreaded "move your stuff" conversation.

 

[justalayman]

I don;t care what waiver you sign or the neighbor signs, if a child gets injured, that waiver is worthless. Kids are a special group of people and those waivers become meaningless with the children.

 

[noisefrazzle]

I don;t care what waiver you sign or the neighbor signs, if a child gets injured, that waiver is worthless. Kids are a special group of people and those waivers become meaningless with the children.

Just out of curiosity, why is the burden not on parents to keep their children off other people's property? I know kids will be kids, but even with that in mind don't parents have the primary responsibility here, especially if the homeowner has done all the mitigating s/he can? Why does the law make people with virtually no control of the trespassing kids responsible for their behavior?

TIA!

NF

 

[justalayman]

I know kids will be kids,

NF

that about sums it up.