Security & Theft Property Ownership and use questions

[FarmGirlGA]

Does anyone know of a good forum to get advice on property issues? I have questions related to trespassing, posting, liability, family asking to "share" my property with photographers and fisherman, hunters, etc. Would love to hear from other land owners on how they handle these types of issues! Thanks!!

 

[dodge man]

There is a “Rural Living” forum further down. You might post your questions there. I would just caution the advice you receive on ant internet forum is often worth what you pay for it. It almost sounds like you need to consult an attorney, and I rarely give that advice.

 

[BRMyers]

My advice is to get with a local lawyer who knows State and local laws/regulations.

Yes lawyers are overpriced and I hate using them, but they are an evil necessity to prevent missteps and legal issues for yourself.

 

[FarmGirlGA]

Thanks! Just posted in the Rural Living forum.

 

[FarmGirlGA]

Yep, think that will be a necessary step to get with a local attorney. Thanks!

 

[WranglerX]

Local district attorney, would probably give best advice, and you already pay their salary through your taxes....

Dale

 

[chim]

Our insurance agent once told us that the creek going through our property is a liability and is classified as an "attractive nuisance". Told him I once knew a girl like that

 

[Jstpssng]

Our insurance agent once told us that the creek going through our property is a liability and is classified as an "attractive nuisance". Told him I once knew a girl like that

Insurance agents/companies aren't lawyers. They are all about taking your money while eliminating any risk of ever needing to pay it out.
Like many states, Georgia has statutes in place to reduce your liablilty if you allow public, non-fee use of your land.
Here's a link to your statutes; Georgia Recreational Use Statute

Here's the most pertinent excerpt from that;

§51-3-22. Duty of owner of land to those using same for recreation generally
Except as specifically recognized by or provided in Code Section 51-3-25, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes.
HISTORY: Ga. L. 1965, p. 476, s 3.
O.C.G.A. § 51-3-23 (1994)
§51-3-23. Effect of invitation or permission to use land for recreation
Except as specifically recognized by or provided in Code Section 51-3-25, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes does not thereby:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons.
HISTORY: Ga. L. 1965, p. 476, s 4.

Some states like mine take that a bit further. This is Maine law;

6. Costs and fees. The court shall award any direct legal costs, including reasonable attorneys' fees, to an owner, lessee, manager, holder of an easement or occupant who is found not to be liable for injury to a person or property pursuant to this section.

This really reduces the ambulance chasers. Since the law was passed in 1979, there has never been a successful case tried in court.

 

[oosik]

I had an "access" problem years ago. Had to seek the advice of an attorney. It cost me $200 but it was legal and good advice. Situations will vary so very much by location - my best advice - talk to an attorney.

Like Dodge Man said - the advice you receive on any social media site will be free - and it's worth every penny.

 

[TimberHole]

Like Dodge Man said - the advice you receive on any social media site will be free - and it's worth every penny.

True but on the flip side I have hired an attorney for advice and didn稚 receive as good of information as I would have received from the internet.