In a quandary...

[Dutch]

We have a piece of non contiguous land which is across a creek from the rest of this farm.  We would only have access to it by boat without going through someone else’s property.  Recently we were approached to sell it.  The buyer wants to fence it off and have it for his personal use.  
 

We haven’t been on it in years so we looked it over today.  It is obvious that locals are using it a lot.  There are hiking and 4 wheeler trails all over it.  We don’t mind those who are using it as they can’t hurt anything and haven’t trashed it.  We have decided to not sell it and have it closed off to the public.

My concern is my personal liability if someone gets hurt riding, camping or swimming down there.  We are not sure how to handle this.   Ideas?

[Krazo]

Interesting situation.  I'd like to hear the responses on this.  

 

Obviously posting boundaries and painting only goes so far.  I often see  no trespassing publications in the legal sections of the local paper.  I dont know why some go the extra mile but I'm sure there's a reason, maybe someone can explain this part.  

[Devan S.]

I would think if its posted no trespassing(regardless of if you enforce it or not). Then it would absolve you of some level of liability?

[fishinwrench]

39 minutes ago, Devan S. said:

I would think if its posted no trespassing(regardless of if you enforce it or not). Then it would absolve you of some level of liability?

Pretty sure this is correct. 

The strip pits we grew up hunting, fishing, 4-wheeling, and dirt bike riding around were owned by a refractories operation, and were always posted.....to avoid liability.....but everyone played there.   Lots of folks got injured, quite a few got killed or drowned, but the areas remained a local playground for many many years. Some still are.

That did create a problem however.  Because eventually a few of the properties were sold to individuals, and those individuals had a hell of a time keeping people off THEIR land.   The local law would not prosecute anyone for trespassing because the areas were well known playgrounds for over 40 years.  

 

[Dutch]

57 minutes ago, Devan S. said:

I would think if its posted no trespassing(regardless of if you enforce it or not). Then it would absolve you of some level of liability?

I want to be absolved of any and all liability.  I am thinking of donating it to a local community as a public recreation area or giving it to MDC for public access to the creek, but not sure if that is the way to go.

[Devan S.]

If you could possibly find 1 or 2 nefarious users you could make an example of them.....then you would at least have a possible court record indicating you attempted to enforce no trespassing. 
 

[snagged in outlet 3]

24 minutes ago, Dutch said:

I want to be absolved of any and all liability.  I am thinking of donating it to a local community as a public recreation area or giving it to MDC for public access to the creek, but not sure if that is the way to go.

I used to listen to an “ask the lawyer” show on the radio and this question came up continuously.  Post it right away to at least CYA as much as you can. In Missouri?   Get out the purple paint   If you donate it and you might get more headaches than you planned for with someone else making the decisions on it.  That came up on the show too.  
Yeah I know.   I don’t watch much tv but I can listen to the radio while doing something else.  Like sharpening my mower blade today.  I can’t stand the fuzzy tops on the grass blades.  Drives me nuts.  😂

[awhuber]

1 hour ago, Dutch said:

I want to be absolved of any and all liability.  I am thinking of donating it to a local community as a public recreation area or giving it to MDC for public access to the creek, but not sure if that is the way to go.

You can use this MDC program for liability protection and they will pay you for the use of the land.

https://mdc.mo.gov/your-property/missouri-outdoor-recreational-access-program-mrap

[snagged in outlet 3]

4 minutes ago, awhuber said:

You can use this MDC program for liability protection and the will pay you for the use of the land.

https://mdc.mo.gov/your-property/missouri-outdoor-recreational-access-program-mrap

That’s cool!   Wildlife viewing sounds pretty tame. 

[Dutch]

1 hour ago, awhuber said:

You can use this MDC program for liability protection and they will pay you for the use of the land.

https://mdc.mo.gov/your-property/missouri-outdoor-recreational-access-program-mrap

Thanks I will look into that.