Legal Question in Real Estate Law in Connecticut

Neighbor's Children Trespassing

My yard has a steep sloap and a rather large pond which is not fenced in. We have seen the neighbor's children playing in our yard by the pond and we have asked them not to do so and have warned them that they could hurt themselves. I am worried they will injure themselves and we will be held responsible. As my husband and I both work during the day it is impossible to keep them out of the yard and we find evidence that they have been in the yard in our absence. Because of the shape of the land and a stream that runs through the property I'm not sure a fence could keep the children out. What could be the potential outcome if they did seriously injure themselves or worse drown in the pond? What steps do I need to protect myself from liability and what steps can I take to legally enforce no trespassing?


Asked on 4/21/03, 3:02 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Neighbor's Children Trespassing

Notify the neighbors in writing (certified mail is best) that much as you find their children to be adorable little creatures, you are concerned that they might be hurt on your property and please keep them off. You should also post no trespassing signs. One thing to consider: if the dangerous situation is natural (a stream or pond, for example) you have less exposure than if it is man made (a swimming pool or a man made fish pond or something). You might also consider getting an umbrella policy for the property. They aren't very expensive and not only will you get some peace of mind, but you will also get increased coverage for defense costs. Most policies provide that the cost of defending a claim (mostly the lawyer) comes out of the policy limits. So if a child drowns, for example, and you get sued and your policy limit is, say, $20,000, and the case actually goes to trial, even if you win the lawyer's bill might be more than $20,000 and you could get stuck with the overage. Increased limits on your underlying policy or an umbrella policy would take care of that.

Read more
Answered on 4/24/03, 9:35 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Connecticut