Legal Question in Real Estate Law in Maryland
What would my neighbor's liability be in letting us keep horses on his property?
Our neighbor is considering allowing us to graze our horses on a grassy 5-acre parcel (with a separate deed from his other property)that is adjacent to our land. We will fence the land and care for our horses ourselves. He will charge us nothing to use his land. We carry an insurance policy for damage caused by the horses should they escape, etc.
He is unsure about allowing this because he does not want to expose himself to undue liability for ''just being a nice guy''.
What exposure does he have? Does the ''Maryland Recreational Use Statute'' offer and protection?
thanks in advance-
1 Answer from Attorneys
Re: What would my neighbor's liability be in letting us keep horses on his prope
In a sense, it would be better if he charged you and there was a contract that stipulated that you are renting the land with all responsibilities and obligations. Obviously such a contract would entail more than this but this is a general observation with respect to your matter.
As a "nice guy" with no land rental contract, a well written disclaimer and more than adequate insurance should address his liability. He should also consider the matter of the fence and repair/maintenance if his course of action is to be a "nice guy".
In any event, the contract of indemnification and insurance should be well selected. The type of coverage you need should be identified well to the insurer. You may want an attorney to review the binder for acceptability.
As to a horse that has gotten free range due to a faulty fence, the owner of the horse and land owner could be liable both jointly and severally depending on many factors.
Joe Holthaus
(410) 799-9002
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