Reply to WWYD: Neighbor kids walking on top of 7ft fence

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[quote=Anonymous][quote=Anonymous]OP, you really need to figure out who owns the fence. When we bought our house (in VA) there was a survey that showed property lines and where fences were relative to those lines. So we know that we own the fence on the right side of our lot, but the fences in the back and left are outside our property lines. Any chance that you had a survey when you bought? To me this would be the difference between nicely telling the parents to please keep their kids off the fence (and potentially taking additional action if they refused) and simply making them aware of the situation and the hazards on my side (if the fence is theirs). Either way it really is a crappy situation, and I'm sorry you are dealing with it right now. Good luck finding a solution that gives you some peace of mind![/quote]

I posted earlier about liability. Thought the fence was yours, OP. I do agree with this PP that you need to find out who owns the fence. But I'd also be much more proactive about putting the parents on alert in writing that the climbing is dangerous. Some of the "let kids be kids" types of posters here are being naive about how litigious people can be. Even if the fence is the neighbor's, if a child falls onto your side and smashes into a window or onto that metal  trampoline frame on YOUR property--you can end up being sued.

Also: The older kids have seen you have a trampoline and they're clearly capable of scaling the fence. I'm betting you'll catch them on the trampoline sooner or later. Go to Wikipedia today and look up "attractive nuisance doctrine" to see why you can be legally liable if those kids get hurt in your trampoline even if they're trespassing to get to it. [/quote]

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