Legal Question in Real Estate Law in Pennsylvania

Re: Property liability release

You asked about liability waiver for a community garden project.

Yes, there are a number of ways to protect the owner of the lot. The first is to have the lot owned by an entity rather than personally, next, have the lot properly insured for use, place prominent signs stating that entry on the lot is at the participant's risk and that no entry is permitted without registering (it may be necessary to have signage in more than one language).

You can also look to your locality for protection. The local parks and recreation authority may have programs available that will allow the owner to donate the present use of the land to the public for the specific purpose of running a community garden. The agreement could be nominal with a potential write-off taken by the owner for the foregone current value (foregone rent). The local authority's insurance and liability would then be implicated before the lot owner.

At the least the owner needs to have the lot insured for liability. Waivers only go so far in protecting assets.

Regards,

Roger