• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Would I be personally liable?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MrRibEye

Junior Member
Maryland:

My property backs to a large state park land forest area in Maryland. There is a fence separating my land from the park land. The fence was installed by the previous owner, it is only there to keep the animals out of the yard but not required by ordinance or anything like that.

I'm thinking of relocating the rear section of the fence 20' into the woods, this would give the appearance that my yard is larger (20' deeper). If someone was injured (fell out of a tree, broke a bone, etc) in that new section (which is in the state park forest, but fenced in) and decided to sue me what would a homeowners / umbrella insurance company think about that? Would they have grounds to deny a claim against me just because I encroached on park land?

I'm fairly certain that if I left the fence as is, if a guest was injured in the woods behind my fence my homeowners / umbrella would cover it fully. I also think if I removed the rear fence completely and the same injury happened I'd be fully covered.

Thanks
 


Just Blue

Senior Member
Maryland:

My property backs to a large state park land forest area in Maryland. There is a fence separating my land from the park land. The fence was installed by the previous owner, it is only there to keep the animals out of the yard but not required by ordinance or anything like that.

I'm thinking of relocating the rear section of the fence 20' into the woods, this would give the appearance that my yard is larger (20' deeper). If someone was injured (fell out of a tree, broke a bone, etc) in that new section (which is in the state park forest, but fenced in) and decided to sue me what would a homeowners / umbrella insurance company think about that? Would they have grounds to deny a claim against me just because I encroached on park land?

I'm fairly certain that if I left the fence as is, if a guest was injured in the woods behind my fence my homeowners / umbrella would cover it fully. I also think if I removed the rear fence completely and the same injury happened I'd be fully covered.

Thanks
You want to hijack State owned land?
 

quincy

Senior Member
Maryland:

My property backs to a large state park land forest area in Maryland. There is a fence separating my land from the park land. The fence was installed by the previous owner, it is only there to keep the animals out of the yard but not required by ordinance or anything like that.

I'm thinking of relocating the rear section of the fence 20' into the woods, this would give the appearance that my yard is larger (20' deeper). If someone was injured (fell out of a tree, broke a bone, etc) in that new section (which is in the state park forest, but fenced in) and decided to sue me what would a homeowners / umbrella insurance company think about that? Would they have grounds to deny a claim against me just because I encroached on park land?

I'm fairly certain that if I left the fence as is, if a guest was injured in the woods behind my fence my homeowners / umbrella would cover it fully. I also think if I removed the rear fence completely and the same injury happened I'd be fully covered.

Thanks
You can go over your insurance coverage with your insurance agent.

You cannot enlarge your property by appropriating state land.
 

quincy

Senior Member
More appropriately, encroachment without plans of Adverse Possession. What are your thoughts on the insurance liability portion? Thanks.
Your question as asked is impossible to answer. Whether you can be held liable for injuries to your guests will depend on the facts of the injuries. Whether your insurance will cover injuries to your guests depends on how your guests were injured.

Where you place a fence would probably not play a major role - although the state is not apt to be pleased with you fencing the state's land so your property will look larger.

Again, speak to your insurance agent.
 

HRZ

Senior Member
IT is most unlikely you can acquire adverse possession against a unit of state government ...my gues is if and when they discover it you would LL get a stern letter to promptly remove same.

I think if you are worried about insurance on lands you do not own but have fenced off to give the appearance of being your lands ....unless you want your carrier to drop you like a hot potatoe , I would not start by asking my agent .Id want an.overview by my choice of paid attorney skilled at insurance matters who is reading my policy .

the mere act of putting fence in wrong place probably does not make you liable for issues on lands you do not own ...unless the injuries are linked to some improvement or alteration you made ..like you put in tree swings and rope fails ..or you put up a cute suspension bridge for walkers ..and rope fails.
 

quincy

Senior Member
IT is most unlikely you can acquire adverse possession against a unit of state government ...my gues is if and when they discover it you would LL get a stern letter to promptly remove same.

I think if you are worried about insurance on lands you do not own but have fenced off to give the appearance of being your lands ....unless you want your carrier to drop you like a hot potatoe , I would not start by asking my agent .Id want an.overview by my choice of paid attorney skilled at insurance matters who is reading my policy .

the mere act of putting fence in wrong place probably does not make you liable for issues on lands you do not own ...unless the injuries are linked to some improvement or alteration you made ..like you put in tree swings and rope fails ..or you put up a cute suspension bridge for walkers ..and rope fails.
Speaking to an attorney at this point seems unnecessary, unless MrRibEye needs a legal analysis of his insurance policy. His insurance agent can probably explain his current policy to him and go over guest liability.

But liability is fact-dependent. Here there are no facts that can be used to determine liability. MrRibEye is asking a hypothetical question.
 

Zigner

Senior Member, Non-Attorney
More appropriately, encroachment without plans of Adverse Possession. What are your thoughts on the insurance liability portion? Thanks.
Even more appropriate would be to say you want to steal the land.
 

quincy

Senior Member
If MrRibEye really wants to pretend his property is larger, he might want to remove the fence entirely.

Of course, he may find hikers and campers and black bears in his backyard. :)
 

not2cleverRed

Obvious Observer
More appropriately, encroachment without plans of Adverse Possession. What are your thoughts on the insurance liability portion? Thanks.
I'd like to know how you're going to put up a fence on land that is not your own without trespassing.

Your reasoning is faulty.
 

MrRibEye

Junior Member
Thanks for your responses all. After reading them I need to clarify:

- Let's say I don't move the fence. I'm ok for being held "at fault" for whatever reasons that would be considered normal (somebody falls out of a tree, a branch falls on somebody's head, etc). I figure my homeowners / Umbrella will cover this if appropriate. Standard procedure I think.

- I believe if I put up a rope swing on / off my property and a rope breaks and somebody is hurt, my homeowners / Umbrella will cover it. Standard procedure I think.

HRZ has the general concept, I just don't want to be left with no coverage because of some weird loop hole. Asking a impartial lawyer of my choosing is a good idea.

And for all of you wondering if I'm going to get in trouble for encroaching, the answer is yes! I believe the initial fine is $50 and I'd relocate the fence. I can remove the fence and Quincy is correct, I might find guests in my new "back yard" :)
 

quincy

Senior Member
Thanks for your responses all. After reading them I need to clarify:

- Let's say I don't move the fence. I'm ok for being held "at fault" for whatever reasons that would be considered normal (somebody falls out of a tree, a branch falls on somebody's head, etc). I figure my homeowners / Umbrella will cover this if appropriate. Standard procedure I think.

- I believe if I put up a rope swing on / off my property and a rope breaks and somebody is hurt, my homeowners / Umbrella will cover it. Standard procedure I think.

HRZ has the general concept, I just don't want to be left with no coverage because of some weird loop hole. Asking a impartial lawyer of my choosing is a good idea.

And for all of you wondering if I'm going to get in trouble for encroaching, the answer is yes! I believe the initial fine is $50 and I'd relocate the fence. I can remove the fence and Quincy is correct, I might find guests in my new "back yard" :)
I am not one to argue against seeing an attorney but offhand I am not seeing your need for one.

I believe your insurance agent should be able to provide you with the information you need to protect yourself from accidents and injuries that occur on your property (or on state land if you are hosting a party on this land). You can further protect yourself by getting special "event" insurance in advance if you are planning a large party.

I would ditch the idea of relocating the fence. It is asking for problems that you can easily avoid.
 

quincy

Senior Member
One can file a case against you if he or she is being caused by the fencing under personal injury. So, keep these things in mind.
^^^ reported

Bryanbrown, please do not post to threads if you do not know what you are talking about. Your post as written does not make sense.

Thanks.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top