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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 32010
Experience:  30 years of real estate practice experience.
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I own a house in florida. I am there a few months a year.

Customer Question

I own a house in florida. I am there a few months a year. The rest of the time it is empty ( never rented ). My neighbor ( and his wife and kids ) constantly walk up my steep driveway and across the side yard to access their house. They seem to be the litigious type. I am worried they will fall and sue me. Should I be worried, any suggestion?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Loren replied 6 months ago.

Good evening. I am Loren, a Florida licensed attorney, and I look forward to assisting you. Thank you for your patience as I prepare your answer.

Expert:  Loren replied 6 months ago.

As a general rule, you owe no duty of care to trespassers. So, as long as they do not have your permission to cross your property, you almost have to do something intentional (like set traps) to be liable to them for injuries they sustain on your property if they have no permission to be there.

You should send them a cease and desist letter demanding they not access your property without your express permission to clarify that they are trespassers and document that fact.

Expert:  Loren replied 6 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 6 months ago.

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Thank you!

Loren

Expert:  Loren replied 6 months ago.

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