Neighbor creates a hazard

threadbndr · Apr 19, 2005

What is the name of your state?What is the name of your state? Kansas

My next door neighbor has installed a upright brick edging along the property line (including on the parking access all the way to the curb). In my opinion, it's a major tripping hazard, since it sticks up almost 6 inches.

I didn't agree to the installation and would actually like her to remove it, but I'll settle for protecting myself from an injury lawsuit.

Would it be appropriate to ask her to sign some kind of waiver stating that I am in no way responsible for the installation and all claims for injury are her responsibility?

If such a waiver is appropriate, is there some specific wording that I should use? This seems to trivial to bother my lawyer with, but with personal injury claims being as high as they are, I really would like SOME protection.

K in KS

jity · Apr 19, 2005

threadbndr said:
What is the name of your state?What is the name of your state? Kansas

My next door neighbor has installed a upright brick edging along the property line (including on the parking access all the way to the curb). In my opinion, it's a major tripping hazard, since it sticks up almost 6 inches.

I didn't agree to the installation and would actually like her to remove it, but I'll settle for protecting myself from an injury lawsuit. <ARROW

Would it be appropriate to ask her to sign some kind of waiver stating that I am in no way responsible for the installation and all claims for injury are her responsibility?

If such a waiver is appropriate, is there some specific wording that I should use? This seems to trivial to bother my lawyer with, but with personal injury claims being as high as they are, I really would like SOME protection.

K in KS

1. Did you install the "Fence"?
2. Is it on your property?

If you answered NO to both questions you are fine. Now you might want to get a waiver for your statement about “This seems to trivial to bother my lawyer with” Some people might take offense to that.

threadbndr · Apr 19, 2005

jity said:
1. Did you install the "Fence"?
2. Is it on your property?.

No, she installed it without my prior knowledge and it looks to me like it's either straddling the property line or ever so slightly on her side.

jity said:
If you answered NO to both questions you are fine. Now you might want to get a waiver for your statement about “This seems to trivial to bother my lawyer with” Some people might take offense to that.

Well, I TRY not to bother my lawyer with stuff I can figure out on my own. I kinda thought this might be on the level of somebody hiring me to balance their checkbook

threadbndr · Jun 5, 2005

Update to the Tripping Hazard

State of Kansas.

Called the city attorney's office. Her hazzard, her responsibility.

Did pay for a property survey with stakes (more for the fence I'm putting in on the other property line, but it's all four corners, so addressed the issue as well). Ends up the property line is about six inches closer to my house than we'd thought.

So she's killed the grass on my side of the edging up to the stakes and is obviously preparing to move her bricks up to the line. This is not a problem as long as it's going to stay on her side of the line. I wonder if she's going to move her back fence where it overlaps my side by about the same amount LOL.

I've also checked with my insurance company and I've got the usual $1 million libality cap on my homeowner's ins. So I should be fine.

Thanks for the advice and listening to my small neighbor rant.

K

Neighbor creates a hazard

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threadbndr

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