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froggy7 · Jun 10, 2008, 07:41 AM

I am buying a foreclosed home that has been sitting vacant for about 5-6 months. There is a large tree in the front yard, growing close to a concrete block fence, that the neighborhood kids have been climbing since the house was vacant. Now, I grew up climbing trees myself, but would never have thought of doing that in a tree that didn't belong to my or a friend's family. My neighbor, who also has a tree in his yard, told the kids that they couldn't climb his because of concerns about someone getting injured and suing him. Which is an unfortunately real concern in these litigious times. So, what's my best option here? Should I go door to door and tell people I don't want their kids climbing my tree, wait until some kids do it and ask them where they live and go talk to their parents, or just ignore the entire situation? I am also planning some landscaping in the yard, which might naturally deter the kids from playing there. I don't want to be known as the mean lady on the street, but I also don't want to be hit with a large lawsuit if some kid falls out of the tree and breaks his neck, either.

rodandy12 · Jun 10, 2008, 08:00 AM

Bummer. Good climbing trees are hard to come by.

The law probably expects you to do due diligence. In this case it wouldn't be a bad thing to work the neighborhood, going door to door and apologizing for ruining the kid's fun, but making the parents know you don't want to be sued. You are going to want to know these people and you are going to want to be able to associate them with their kids.

You should also let the kids know that you don't want them playing in it anymore.

I hope that is enough. Other possibilities include cutting it down and putting up a kid-proof fence.

JudyKayTee · Jun 10, 2008, 02:04 PM

Originally Posted by rodandy12

Bummer. Good climbing trees are hard to come by.

The law probably expects you to do due diligence. In this case it wouldn't be a bad thing to work the neighborhood, going door to door and apologizing for ruining the kid's fun, but making the parents know you don't want to be sued. You are going to want to know these people and you are going to want to be able to associate them with their kids.

You should also let the kids know that you don't want them playing in it anymore.

I hope that is enough. Other possibilities include cutting it down and putting up a kid-proof fence.

I think I'd ask an Attorney. At the moment you have not acknowledged the potential danger. Start notifying people and I wonder where your responsibility/liability to correct an attractive nuisance lies.

I would do nothing until I got some legal advice because by acknowledging the situation you could be making yourself liable when you have no liability.

There is case law - particularly in NYS - that posting a "beware of dog sign" indicates you hae concerns about the dog's temperament. Do nothing, the dog bites, maybe you didn't have any such concerns, where's your responsibility?

I know you can lessen (or end) your liability by posting "no trespassing" signs - in NYS - on your property.

twinkiedooter · Jun 10, 2008, 02:23 PM

How big is the tree for starters and how big are the kids that climb up into it?

froggy7 · Jun 10, 2008, 06:56 PM

The tree is probably about 30 feet. I don't actually own it yet... I'm still going through escrow... so I don't know how big the kids are that climb it. It's currently a very "twiggy" tree, with a lot of thin suckers that have grown up through it. The other fun part is that this tree is as far from house as it can possibly be and still be in my yard, and there are no windows that look out on that side of the house, so it will be almost impossible for me to tell if there are kids in it. Here's a Google picture of the house (on the end on the left) Google Maps... the tree in question is the one at the end of the row of trees coming from the right side of the street, and is pretty much at the edge of my property. The other trees belong to the neighbor.

And of course, there is the possibility that the kids will just stop on their own once someone lives in the place. Which is actually a tack I just thought of... I could put it as a request to respect my yard in general, and not to stay out of the tree in specific. But they can't get to the tree without going through the yard, so it would stop them from climbing.

Fr_Chuck · Jun 10, 2008, 07:41 PM

There is a issue anytime people tresspass onto your property and act and do as it if it is their own. Hopefully they will stop once they home is owned. But in general, best to merely ask them not to when you see them.

Not knowing your exact state law but in general, there have been cases where a burglar, breaking into a home has been injured and sued the home owner for injuries and have won. So in our sue crazy world something to worry about