6-a - Approval of Planned Mountains to Sea Trail Route Through Orange County

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November 2016 5 Generally, landowners are protected by the law as long as they avoid willful or wanton injury to anyone who trespasses on their property. It is strongly recommended that landowners post their boundaries and do not entice people to enter their property. The County will also post boundary signs along its trail easements. Orange County staff will work with individual landowners to help them understand the general ways in which they might manage risks, but landowners should consult with an attorney to receive advice specific to their unique situation. [This document does not purport to offer legal advice.] The NC Cooperative Extension provides excellent information on this subject: http://content.ces.ncsu.edu/land-ownership-liability-and-the-law-in-north-carolina The following statement is an example of the guidance found in that document: “The law provides the least amount of protection to a trespasser, that is, someone who enters the premises of another without permission or any other right to be there. To avoid liability, the law requires only that the landowner avoid willful or wanton injury to the trespasser." Will people who own land along or near the MST need additional insurance? Landowners abutting the public trail may not need additional insurance except in unusual cases where the trail might be located in close proximity to a private residence or in view of a landowner’s personal property. In those cases the landowner might choose to increase his/her limits for personal liability. According to the NC Department of Insurance (Consumer Affairs Property and Casualty Office) the presence of a pedestrian trail on a neighboring property would not be a “rating factor” or “premium- bearing factor” for homeowners’ insurance, and would be unlikely to cause a rate increase. If a property owner had a large number of claims, of if there were a number of bodily-injury claims, then the insurance company might reassess the risk and increase the rate or choose to no longer insure the property. Staff at the NC Department of Insurance are not aware of any cases where the presence of a nearby trail has resulted in a scenario where rates were increased. Each policy and insurance company is different, so for information specific to one’s property landowners should contact their insurance agent and/or the corporate office of their insurance company. The corporate office is likely to have a more-complete response to the level of risk for such matters, and agents will typically follow the corporate office opinion on these matters. Nevertheless, some local agents may suggest raising the limits on a homeowner’s personal liability to improve their protection. Landowners may be protected by the law as long as they avoid willful or wanton injury to anyone who trespasses on their property. It is strongly recommended that landowners post the boundaries of their property and do not entice people to enter their property. Landowners should consult with an attorney to receive advice specific to their unique situation. Will Orange County indemnify landowners if a trespasser got hurt on their land? Orange County cannot indemnify a property owner against liability that may arise from someone wandering off of a hiking trail onto the property owner’s land. Nor can the County assume an individual property owner’s liability as it relates to someone who may wander off a trail onto the owner’s land. Landowners are protected by the law as long as they avoid willful or wanton injury to a trespasser. It is strongly recommended that landowners post their boundaries and do not entice people to enter their property. Landowners should consult an attorney for advice specific to their unique situation. 12