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Old 01-16-2007, 02:36 PM   #1 (permalink)
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Default Letting others ride 4 wheel bikes on my property

I need your advice on letting someone else enter my property. I received a phone call from the realtor who brokered the deal. He asked if I would allow his grandchildren to ride 4 wheelers in my property. The property is an abandoned pasture in central Florida. It is filled with low-lying saw palmettos and sporadic trees. I have only cleared the front 2-3 acres and put in a well. I plan to make it a tree farm and slowly working toward the goal.

The seller cleared a 6' wide path with a dozer all the way to the back. After 3 years, even that is partly closed. I don't know what's in the back of my property. I told him about this, and he said he would send me in writing that his grandchildren would enter at their own risk (exact words I don't remember). I have not received it yet.

The more I think about it, the less comfortable I become. What if .....? By the way, I don't live on the property. Please advise. If I can be cleared of any liability, I want to let his grandchildren ride their bikes there. They cannot hurt dirt, right? That's my thinking. Am I too naive?

One more thing. I put a concrete driveway that connects the property to the state road. Basically, the property is accessible to anyone who wants to. I have yet to put posts, chain, and the "Do Not Enter" sign. The property is 40 acres and surrounded by 1-10 acre lots on 3 sides, many of which are lived in. So it's not quite in the middle of nowhere. Thanks.
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Old 01-16-2007, 03:51 PM   #2 (permalink)
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Default Re: Letting others ride 4 wheel bikes on my property

Quote:
Originally Posted by rlee6
The more I think about it, the less comfortable I become. What if .....? By the way, I don't live on the property. Please advise. If I can be cleared of any liability, I want to let his grandchildren ride their bikes there. They cannot hurt dirt, right? That's my thinking. Am I too naive?
You answered you own question, but I think your looking for support and some reasons why it's not a good idea.

The first thing I though of is why did the realtor come to you. You'r not friends or family. Does he come over for dinner or do you go to his home for dinner or to hang out? You owe him nothing for what he did for you in the land deal. If he did it for free because you are such good friends, then I don't think you would even be aksing this question.

As a realtor, he should know of all sorts of landowners. Why pick you? The land is empty, but that's not a very good reason. I wonder if all those other land owners won't let his grandkids ride four wheelers on there land for a reason???

Some states have laws protecting the landowner from lawsuit if you let people use your land for free and they get hurt. I don't know about your state, but even with those laws, if one of those kids does get hurt, and you know they will, its just a matter of degree of injury until they go after you for some sort of comensation.

Fourwheelers are about the biggest cause for injury of kids in the rural area. They die all the time on them, or cripple themselves. What will happen to you and your finances if some litte 12 year old girl hits a tree on your land and breaks her neck? Can you be one hundred percent sure that her parents and inusurance companies will understand that it wasn't your fault when they have a 6 figure bill for her medical treatment, plus a lifetime of being paralized?

Weigh both sides of it and try to come up with one single reason it would benifit you to allow these kids that you don't even know to ride there four wheelers on your land.

Again, I think you already know the answer here.

Good luck,
Eddie
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1. Fishing and Hunting with my kids.
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3. Put my outside access bathroom together.
4. Fence in a quarter acre for Turkeys.
5. Build my gazebo for my front pasture.
6. Finish back pasture and plant it in Bermuda.
7. Start my food plots.
8. Build a comfortable deer stand for two.
9. Build a wood burning fireplace in my home.
10. New flooring in my home.
11. Build a pasture sprayer.
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Old 01-16-2007, 04:20 PM   #3 (permalink)
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Default Re: Letting others ride 4 wheel bikes on my property

If you are looking for opinions about your quandry you will get them.
In my opinion,,,, DO NOT GIVE PERMISSION! If you do, you will be inviting a lawsuit.
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Old 01-16-2007, 05:14 PM   #4 (permalink)
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Default Re: Letting others ride 4 wheel bikes on my property

Our community is not a large city, but we have 27 pages of ads for attorneys in the local phone book. I'm not bashing lawyers here, just the general mood of people today. In the old days no one would consider suing you for their own stupidity, now days they are always looking for someone else to blame. Like the others - just say no. You don't owe anyone a reason.
I own 4 wheelers, so I'm not against riding, but as a responsible parent, I would be concerned about letting my children ride in unfamiliar areas. There are numerous state, federal and private parks around the country, with well marked trails that allow you to ride for as little as $5 per day.
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Old 01-16-2007, 06:01 PM   #5 (permalink)
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Default Re: Letting others ride 4 wheel bikes on my property

Why don't you just tell him that you would be happy to open it up as an unsupervised ATV park, if he would pay for your insurance...
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Old 01-16-2007, 08:05 PM   #6 (permalink)
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Default Re: Letting others ride 4 wheel bikes on my property

I have a sad but true story about this kind of stuff. Although it was a dirt bike situation and not a 4-wheeler. A neighbor approached me several years ago wondering if it would be okay for his son to cross my land to get to the power lines right of way.

I thought about it and got back to him and told him I didn't feel comfortable with his son racing through our property and asked him to not permit him to do so. He agreed with me and stated that he had already told his son that he could not cross other people's property on his dirt bike.

Two weeks later his son was found in the woods (our property) with his neck broken. He had taken off without his parents' permission to go dirt bike riding and they figured he was speeding and did not see the branch.

I tell you I would not permit people to use my land for grandchildren to ride on. It is just a recipe for trouble. Actually, you should post your land against such use.

just my thoughts

Wayne
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Old 01-16-2007, 08:16 PM   #7 (permalink)
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Default Re: Letting others ride 4 wheel bikes on my property

I would say NO. It's not worth the risk.
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Old 01-16-2007, 08:27 PM   #8 (permalink)
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Default Re: Letting others ride 4 wheel bikes on my property

Some States have designated riding area's on public ground ...maybe you suggest they find some of that . I agree with the others and would not agree to this .
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Old 01-16-2007, 08:32 PM   #9 (permalink)
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Default Re: Letting others ride 4 wheel bikes on my property

Quote:
Originally Posted by WayneB
I have a sad but true story about this kind of stuff. Although it was a dirt bike situation and not a 4-wheeler. A neighbor approached me several years ago wondering if it would be okay for his son to cross my land to get to the power lines right of way.

I thought about it and got back to him and told him I didn't feel comfortable with his son racing through our property and asked him to not permit him to do so. He agreed with me and stated that he had already told his son that he could not cross other people's property on his dirt bike.

Two weeks later his son was found in the woods (our property) with his neck broken. He had taken off without his parents' permission to go dirt bike riding and they figured he was speeding and did not see the branch.

I tell you I would not permit people to use my land for grandchildren to ride on. It is just a recipe for trouble. Actually, you should post your land against such use.

just my thoughts

Wayne
Did you get sued?? Were the parents angry at you?? Did the local Law blame you?? I'm not sure this applies as a reason to not let people on your property.... I lost a Son to a vehicle accident as a teen so I'm not making light of this situation. Just trying to find relevance. I allow people on my property for recreation all the time. I control the access but still allow it. I think we need to ask ourselves how many times have we entertained ourselves on other people's property. The risk of law suits has nothing to do with whether we should allow it. Lawsuits have to do with individual decisions by people. I hate that we are all lawsuit wary. It started in my area as people moved in from the city. Us country rednecks know it's on us if we hurt ourselves.
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Old 01-16-2007, 08:48 PM   #10 (permalink)
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Default Re: Letting others ride 4 wheel bikes on my property

--no--
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