Legal Question in Real Estate Law in Massachusetts

protection from being sued

Unfortunately, I own most of my neighbors back yard. It didn't matter to me when he was living there as he is a relative, however, he has now rented the house out. I have put up two no trespassing signs in the back yard where my property begins because I was told that if the neighbor's renter should injur himself on my property, he could sue me. However, the renter finds the signs unsightly and wants them removed and feels we should just have a notorized letter saying that he would not hold me responsible if he should injur himself on my property. However, what if he has visitors and they get hurt. Can't they then say they didn't know it wasn't his rented property and sue me? I would love for him to be able to enjoy the back yard, but just need to protect myself. If I allow the neighbor's renter to put an above ground pool on my property, does that make the no trespassing signs null and void because I am allowing him to use it? Or am I just worrying for nothing and will my own homeowners insurance cover any injuries that might occur to my neighbor's renter using my property. Any advice will be much appreciated.


Asked on 7/14/06, 9:31 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: protection from being sued

Put up a fence on your property. Sounds like the renter or neighbor are going to push your buttons. If you are seeking other options, contact me.

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Answered on 7/14/06, 10:03 pm
Joseph Murray Joseph M. Murray, Esq.

Re: protection from being sued

Put up a fence on your property line. You are liable for any injury to anyone on your property and cannot contract away your liability, even though you may be able to sign an agreement with another indemnifying you for injuries resulting from their negligence.

Your insurance may refuse to pay if you fAIL TO EXERCISE REASONABLE CONTROL over the property. READ your policy closely.

MORE IMPORTANTLY, Under the law of adverse possession, if anyone uses your property openly AGAINST your interest and without your permission for 20 consecutive years they may gain title to the portion of the property they use adversely under the theory of adverse possession. Retain an attorney to advise you how to prevent this from happening and if necessary have your property line surveyed and put up a good fence. Good fences make good neighbors. Good Luck!

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Answered on 7/14/06, 11:42 pm


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