Hi all. I live on a private road. About 13 houses, no HOA. Our property lines run to the middle of the street.
Recently we have had riders from a neighboring neighborhood riding down our road. They have installed a gate at our shared property line at the end of our street (they have a riding trail around their community).
I am concerned that we could be sued if someone comes off on our road.
Looking for advice. Wondering if we need to post the Florida law sign….
Thanks.
Who actually owns the road, and what types of easements do you all have? Check that first.
I’m
Not a lawyer , however, I also live on a private road with some other homes and I’m in Florida.
. We had a similar situation on our private road and ended up kicking them out. We had to do so in writing and eliminate their access.
One person on the road actually owns the road and the rest of us all have an easement , but it is private and not county or other municipality maintained. That makes a difference.
Personally I think posting a visible no trespassing sign facing their approach to the gate and on your road is probably good idea in the meantime, but you need to get the answers to the questions I mentioned .
I think they would need to have a cause for filing a lawsuit… either that you were responsible for negligence or had done something that contributed, so I would assume an equine liability sign would be a safeguard.
I’ve ridden down hundreds of dirt roads and can’t recall anyone having an issue with it.
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There’s never an issue until
There is .
Anybody can sue anybody and even if they don’t win it’s still a huge pita and $$$. And sometimes it’s not even the person suing but their insurance company .
Much better to take advantage of any available protections before there is a problem.
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How about going to talk to the people now using your road? They will all know each other. Maybe come up with an agreement for both groups to ride on each other’s land and use a lawyer to draft an agreement for mutual use and defined liability.
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I would definitely put a No Tresspassing sign, a Florida Equine liability sign, and a sign that clarifies that the road is NOT part of the riding trail and therefore is not maintained with equines in mind and they are riding there at their own risk.
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Not in Florida but I have this signage on my private road.
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Our individual properties run to the middle of the road. There is an easement for the road and utilities poles.
Thanks all.
I drove to the end of the road and now it looks like my neighbor put a cattle panel on our side of the gate so there is no longer access.
I still think a sign is a good idea.
Thx
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Signs can support defiant-trespass charges in a criminal case.
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sorry but not sure what that means?
If you want to press charges against trespassers, the presence of a sign that says “No trespassing” supports a prosecutor’s argument that it was defiant trespass — that is, an individual defied the instruction not to come on the property.
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