Encroachment by Neighbor's Basketball Court

[fionn]

My question involves real estate located in the State of: New York

We have a property with a large back lot. The back few acres have been used for agriculture for the past few decade, but have been fallow for two years, now. A wire fence was placed around the field to mark the actual growing field and keep out deer, but does not demark the extents of the property.

In one corner of the property, outside the fence, the neighbor has laid blacktop and set up a small 20'x20' basketball surface with a moveable hoop, adjacent to his yard.

We don't have a problem with the neighbor's kids playing basketball there. They're welcome to do so.

Our concern, however, is that we don't know what to do if one of the neighbors' kids, or a visitor, gets injured while playing. Are we responsible for their injury?

If we can't get them to agree to release us from responsibility, must we insist that they remove the blacktop and basketball setup?

Thanks!

[jk]

Are you sure the asphalt is on your property? It seems very presumptuous of a person to actually lay asphalt on property that isn't theirs.

Yes, you do have liability issues and giving them permissive use makes it worse. You have a greater duty to an invitee than you do a trespasser.

Even if you do get the neighbors to waive any claims, that won't apply to people not signing the same waiver. Beyond that, the enforceability of a waiver is something a court would have to determine. That means, unless them signing it keeps them from suing, you would still have to defend yourself in court, and there is a possibility of you losing, depending on the circumstances.

[fionn]

Hi, jk;

Yes, we're quite sure the asphalt is on our property; last month's survey shows it quite clearly: there's a callout on the map that says "blacktop & portable basketball hoop" showing its location within our lines. The survey also shows a narrow wedge that used to belong to our property, but had been transferred to that same neighbor's predecessor to accomodate their house and a few feet around it.

So... what would be our first course of action? Do we notify our insurance carrier? Do we notify theirs? Is this something the insurance companies work out before an injury, or do we work to have them remove the court?

Thanks, again.