QUESTION

Are we still liable for accidents if we grant our neighbors beach access with our stairs through neighborly accommodation?

Asked on Aug 14th, 2012 on Landlord and Tenant Law - New Jersey
More details to this question:
Our neighbors of one year have many visitors and use our stairs to access the beach. We are concerned of liability if one of their visitors get hurt. They were very angry when we told them our insurance company told us that we should not allow them to use the stairs. They want to come to some other resolution. In my reading, I read about "neighborly accommodation" that allows use of the stairs but never claim to that piece of the property. Sounds good but will that free us of liability if we push through with that?
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10 ANSWERS

Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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Yes.
Answered on May 28th, 2013 at 11:47 PM

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Business Law Attorney serving Livonia, MI at Gerald A. Bagazinski
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Contact an attorney. You should carefully spell out their rights as a revocable license. You do not want this to end up in court because they are asserting an easement by prescription or an adverse possession claim down the road. The license should hold you harmless from any claims and offer you full indemnification if someone is injured using your property. Contact an attorney for assistance.
Answered on Aug 23rd, 2012 at 2:27 PM

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General Practice Attorney serving Glendale, CA at Law Office of Michael Stafford
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I WOULD SUGGEST THAT SINCE YOUR INSURANCE DOES NOT WANT YOU TO GRANT ACCESS TO YOUR STAIRS THAT YOU NOT DO SO. IN THE ALTERNATIVE I WOULD RECOMMEND THAT YOU CONSULT WITH AN ATTORNEY TO DRAFT LEGAL DOCUMENTS PROTECTING YOU.
Answered on Aug 15th, 2012 at 2:00 PM

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Leonard A. Kaanta
You will still be liable.
Answered on Aug 15th, 2012 at 2:00 PM

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Dennis P. Mikko
The only way to protect yourself is to have your neighbors purchase insurance to insure the use of the stairs and name you as a named insured on that policy.
Answered on Aug 15th, 2012 at 1:58 PM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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There is no possible way that this query can be answered in this forum. Find local counsel and retain them (i.e., hire) to do the research and provide you with a detailed memorandum of law on the issue.
Answered on Aug 15th, 2012 at 1:58 PM

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Certainly, granting your neighbors permission to use the stairs to avoid them acquiring a right to use them is a useful first step. However, that does not address the issue of liability. You should consult a real estate attorney about drawing up an agreement which would cover the permissive use as well as the liability issues. Your neighbors should be willing to share in this cost, if not then denying access as required by your insurance company will save you litigation in the future.
Answered on Aug 15th, 2012 at 1:58 PM

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Short answer, as the property owner you may be liable for injury if it occurs on your property. That's why the insurance company told you not to allow neighbors and their guests to use your property, especially stairs. The best way to prevent injury from happening is to prevent any access by your neighbors. If you still want to allow access you should require your neighbor to indemnify you and hold you harmless from any dispute, lawsuit or potential lawsuit over an injury arising from your neighbor's use, or any guests or family of your neighbor's use, of your stairs. As to your question about whether the neighbors will ever have a "claim to that piece of the property," the answer is probably not. What you are referring to is an easement and easement's generally need to be created through a writing. However, there's something called a prescriptive easement which can be created without a writing but only if certain conditions are met, the most important of which may be the hostility requirement. Under this requirement the use of the easement must be without the property owners permission. This doesn't appear to be the case here. You should take your insurance company's advice and you should also speak to a real estate attorney to understand whether or not your neighbor's use of your stairway will ever create a claim to your property. What I have provided to you are merely general statements, and without all the facts to your specific case, should not be relied upon by you.
Answered on Aug 15th, 2012 at 1:57 PM

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Personal Injury Attorney serving Beverly Hills, CA
Partner at Engelman Law, APC
You should hire a lawyer to draft an iron-clad waiver for your neighbors and their guests to sign. In addition, you may wish to post a sign near the stairs stating owner does not assume liability for unauthorized use of stairs use at your own risk. Something to that effect.
Answered on Aug 15th, 2012 at 1:57 PM

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Real Estate Attorney serving Williamstown, NJ at Law Offices of Slotnick & Schwartz
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That does not free you of liability.
Answered on Aug 15th, 2012 at 1:56 PM

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