Location: California
A recent survey shows that my property line includes most of what was thought to be my neighbor’s backyard. Could I have a document prepared that allows him to use it as is but releases me of any liability should there be injury or damages?
Comments
You can’t just sign away responsibilities. You can require him have insurance at a level to cover any issues as part of the agreement. But if insurance decides not to cover things, you can still be named in a suit.
You could have him sign a lease with some sort of waiver language. But any time someone is hurt on property you own there is risk.
How long has he had toy treated this property as his?
NAL but it sounds like what you’re looking for is an agreement to an easement. You should mostly be able to negotiate the details with your neighbor, but I’d consult a lawyer for the writing of the actual contract. Whether you can assign liability or how much you’ll retain will probably come down to local regulations. I’d hire a real estate attorney specifically to draft the agreement and discuss this issue with them to make sure what’s enshrined in the contract protects you.
NAL: if you want you can subdivided your property and sell that part to them for the cost of the legal fees.