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49 <br /> November 2016 <br /> Generally, landowners are protected by the law as long as they avoid willful or wanton injury to anyone <br /> who trespasses on their property. It is strongly recommended that landowners post their boundaries <br /> and do not entice people to enter their property. The County will also post boundary signs along its trail <br /> easements. Orange County staff will work with individual landowners to help them understand the <br /> general ways in which they might manage risks, but landowners should consult with an attorney to <br /> receive advice specific to their unique situation. [This document does not purport to offer legal advice.] <br /> The NC Cooperative Extension provides excellent information on this subject: <br /> bttp://content.ces.ncsu.edu/land-ownership-liability-and-the-law-ire-north-caroling <br /> The following statement is an example of the guidance found in that document: <br /> "The law provides the least amount of protection to a trespasser, that is, someone who enters <br /> the premises of another without permission or any other right to be there. To avoid liability, the <br /> law requires only that the landowner avoid willful or wanton injury to the trespasser." <br /> Will people who own land along or near the MST need additional insurance? <br /> Landowners abutting the public trail may not need additional insurance except in unusual cases where <br /> the trail might be located in close proximity to a private residence or in view of a landowner's personal <br /> property. In those cases the landowner might choose to increase his/her limits for personal liability. <br /> According to the NC Department of Insurance (Consumer Affairs Property and Casualty Office)the <br /> presence of a pedestrian trail on a neighboring property would not be a "rating factor" or"premium- <br /> bearing factor" for homeowners' insurance, and would be unlikely to cause a rate increase. If a property <br /> owner had a large number of claims, of if there were a number of bodily-injury claims, then the <br /> insurance company might reassess the risk and increase the rate or choose to no longer insure the <br /> property. Staff at the NC Department of Insurance are not aware of any cases where the presence of a <br /> nearby trail has resulted in a scenario where rates were increased. <br /> Each policy and insurance company is different, so for information specific to one's property landowners <br /> should contact their insurance agent and/or the corporate office of their insurance company. The <br /> corporate office is likely to have a more-complete response to the level of risk for such matters, and <br /> agents will typically follow the corporate office opinion on these matters. Nevertheless, some local <br /> agents may suggest raising the limits on a homeowner's personal liability to improve their protection. <br /> Landowners may be protected by the law as long as they avoid willful or wanton injury to anyone who <br /> trespasses on their property. It is strongly recommended that landowners post the boundaries of their <br /> property and do not entice people to enter their property. Landowners should consult with an attorney <br /> to receive advice specific to their unique situation. <br /> Will Orange County indemnify landowners if a trespasser got hurt on their land? <br /> Orange County cannot indemnify a property owner against liability that may arise from someone <br /> wandering off of a hiking trail onto the property owner's land. Nor can the County assume an individual <br /> property owner's liability as it relates to someone who may wander off a trail onto the owner's land. <br /> Landowners are protected by the law as long as they avoid willful or wanton injury to a trespasser. It is <br /> strongly recommended that landowners post their boundaries and do not entice people to enter their <br /> property. Landowners should consult an attorney for advice specific to their unique situation. <br /> 5 <br />