My kids build tree houses and "forts" out in the trees in my yard. We often have neighborhood kids come over to play and help and get involved. Most the time they arent invited, but thats what kids do...and that's fine. My boys are a little older and use tools and such to build, with my supervison. (By supervision I don't mean I stand there and hover - I mean I am home and check on them and so forth.) So here is my issue, when we are not here, the kids come into our yard and play in our yard. They bring hammers and such and "work" on the structures in the yard. These kids range from 5 years old to 11 years old. Problem 1: Someone could get really hurt and no one is here to tend to them if they do. Problem 2: They really rather tear up what my kids are trying to do and have worked on. Problem 3: Isn't that just rude? I can't imagine having my kids in someone elses yard while they arent home. One weekend when I was home and sleeping (my kids were gone for the weekend) one of the little boys rang my bell and asked for a band aid... I asked him how he got hurt and he said in his tree house at home.. I got him a bandaid and I asked if his parents werent home and didnt they have band aids..he said they didnt have any. Pretty quick after that I was leaving to go to the store and saw the boy and his little friend in the tree house with tools and their bikes laying on the ground right beside it...so not only is it rude, but they'll lie right to your face....I asked them to leave and they did, but they just come right back.... Long, I know....but help! (And as far as talking to the parents, I hate to cause it seems i am always going to their houses to collect the items that have been stolen from my house or to ask that they get their dogs out of my yard, my trash, and my porch...) sigh...
I, too, are having some problems with my neighbor kids. They go to our backyard, in our garage to take our tools, and stuff like that. We had to shut our garage door most of the time to prevent theft. As for backyard, we put a little sign "No Trespassing" and if kids didn't listen to our sign, we sent a letter to their parent. It worked for us.
4C, try seeing the tree house as the lawyer representing the family of the kids next door once they get hurt, as an "attractive nuisance". Most certainly, your allowing the neighborhood kids to play and build there, will be construed as accepting legal responsibility for any and all things that happen there. It may not seem fair, but that's the way the legal system is gonna see it. Either fence it in, or withdraw permission for the other kids to play there. I know that this sounds so unfriendly. You have to decide whether you want to be seen as neighborly or served as the defendant of a civil suit for injuries that a child received at the tree house. These days, you just can't take a chance. Good Luck Carl
Put up a fence with a no trespassing sign. If that dosen't work put a big sign up that says NOT A DAYCARE CENTER then send out letters to your neighbors saying that you are not running a daycare center for them or better yet send them a bill for the hours their kids are in your yard uninvited. Some people do not care about their kids thats why they let them roam around hoping the kids get hurt and they can sue and make a quick buck.I had a problem while back with a kid who lived 2 houses down her mom would leave her alone and send her to my house ( I did not know the mom well. we met once) without checking with me first and go off to do what ever she did and I was stuck with her kid for 5 to 6 hours and felt like I should watch her she was 6 .Well that stoped when I got tired of it after about 3 times when I marched over to her house and said I charge $200.00 an hour for babysitting up front next time and I am calling the cops to come watch your kid. It never happened again. If these kids are taking things from you thats another thing all together . I would have their butts locked up for that . Thieves start out with small things then work their way up. Its best to stop them when they are young and can be taught a lesson.It sounds to me like they are needing to learn right from wrong and mom and dad are failing them , call the cops.
H6 was on the right track in pointing out the "attractive nuisance" problem. But withdrawing permission will not be sufficient to protect you from liability should something happen. The attractive nuisance doctrine is an exception to the general rule that a landowner has no obligation to keep his property in a safe condition for trespassers. Even though the children do not have permission to be on your property and are therefore trespassing, you could still be liable if they are injured. http://en.wikipedia.org/wiki/Attractive_nuisance_doctrine I really think at this point, you are going to have to put up a fence, or get rid of the tree houses. By all means, talk to the parents and do what you can to keep kids off your property, but that may not be enough. This problem is one of the main reasons I got rid of my swimming pool.
I'd put a fence! My husband and I were out talking last night and can't imagine life w/o our privacy fence!
AMEN!! Get a fence. You'll pay well for it but it is so much worth it in the long run. We had somewhat of the same problem. Scooters and bikes missing then having to go retrieve them from the next subdivision over. I even came home and had about 6 kids jumping on our trampoline. Gets pretty annoying. But since we got our fence, life at home could not be better. Kids don't even come in the yard now. I would have to say something to the parents. They obviously don't know that these kids are over there to begin with. But they might be sending them over there so you have to deal with them. I say get a fence! Good Luck!
I had the same problem in my old neighborhood...all the other kids coming over when the kids were gone to their Dad's or playing in our yard when we were gone. I told the kids the next time they were over....they weren't allowed to be over at our house when we weren't there and I better not catch them there. I was nice but very firm. They never came back unless the kids were there. ever. I voted to not deal with the parents either.
Thanks for the responses! Unfortunately, a fence isnt an option. I totally get the whole legality of it, but wish you could just own your land and your kids could just be your kids and I can be responsible for mine and you would be responsible for yours. If I am not home, and your kid is in my yard, and I am not even aware of it, it seems so wrong to make their injury my fault instead of the parent's....sigh...so is the way of the world I guess. Kids will play, I know. But if it were mine and it happened to them, I just couldn't see me truly believing it was someone else's responsibility to insure my kids safety while they are not even around. Isn't that my responsibility at all times unless I have put them in the care of someone who is aware that they are responsible for them for a time... There will always be some concepts I don't understand.... Thaks again fo ryour responses!!
