How to handle six common scenarios that can strain neighborly relations and possibly result in liability.
Good fences may make good neighbors, but it was a damaged fence that moved Bob Hartwig up a few notches in his neighbor's eyes. About five years ago a storm uprooted Hartwig's 90-year-old locust tree and deposited it on a fence and pear tree across the street. Although the neighbor's insurance was responsible for covering the damage, Hartwig volunteered to pay the couple's deductible and replace their tree.
"I felt I should help them out in the interest of neighborly relations," Hartwig says. "We ended up becoming more neighborly because they appreciated that I went above and beyond."
As president of the Insurance Information Institute in New York City, Hartwig knows there's sometimes a fine line between etiquette and liability. Little annoyances such as mowing the lawn at dawn or your kids leaving their scooters in the neighbor's yard can strain relations. But when trees topple, swimming pools beckon or dogs bite, those relations may sour and things can turn serious and costly. Property owners need to know the boundaries that will help protect their neighbors from harm and themselves from future liability.
You agree to let your 13-year-old pick up your vacationing neighbor's newspaper and feed their goldfish, but you worry because the neighbors tend to be picky.
Unless you're a professional house sitter, there shouldn't be liability issues if a problem arises that you or your family member fails to notice, Hartwig says. To play it safe, make sure the neighbors take precautions, such as turning off their water and locking the doors of cars left in the garage. Also ask how to contact them while they're gone.
Whenever you let your dog outside, you keep him in the fenced-in backyard or restrain him on a chain.
No matter where your pet is, even if he's restrained, you may be held liable for his behavior, whether he bites someone or damages property. Some states hold pet owners strictly liable, while others provide leeway. If kids tend to come in your fenced yard to retrieve their balls, let them know you or your kids will do it for them.
You've resisted the urge to prune the neighbor's tree, which is overhanging part of your property.
Consider safety, not just aesthetics. "If the tree is tilting, weakening or has cracked branches, have an immediate discussion with the neighbor," Hartwig says. If a cracked branch falls on your kids' friends playing in your yard, you may be found negligent, even though it's not your tree. Similarly, when it comes to storm-related damages, Hartwig says most people are surprised to learn that their own insurance company generally has to foot the bill for damages caused by a felled neighbor's tree.
You carefully maneuver out of the driveway to avoid hitting the neighbors' cars on the street. Now that your 15-year-old has her permit, you're worried there's an accident waiting to happen
"If someone in your family hits a parked car, you're responsible," says Hartwig. Politely explain to the neighbors that you've had close calls and need more room to navigate. "That's usually persuasive enough," he says.
Your kids are begging to invite their pals over to swim in your pool whenever they want. You're tempted to give them the green light.
Stop! A pool is already a draw -- and a potential danger -- without opening it to the masses. The law considers a swimming pool to be an "attractive nuisance" to kids. Even if someone comes onto your property uninvited, you could be liable. Most states and municipalities have laws and ordinances requiring that pools be enclosed by fences and locked gates. And common sense dictates adult supervision, Hartwig says.
Last winter you let your neighbor borrow your snowblower. Now he wants to try your lawn edger -- the one with the supersharp blade.
As long as you're not concealing mechanical defects and the equipment isn't required to be registered, the way a boat or vehicle is, you shouldn't be liable for an accident, Hartwig says. Still, you can never rule out a lawsuit from an injured neighbor. If you're uncomfortable loaning the equipment, offer an alternative, such as doing the edging yourself and letting the neighbor clean up.
Being sued can be a financial nightmare. Your home and cars -- and anything else you've worked so hard for -- may be targeted in a lawsuit. But a Personal Excess Liability Policy (PELP) can bring peace of mind. It protects your assets by providing coverage limits above and beyond those in your basic auto, home, boat and RV policies. It even covers legal defense fees. Premiums can be as low as $200 a year for $1 million coverage. Ask your representative for details.
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