Corner Townhome Easement & Liability?

You are responsible.
Full stop.

a3dview wrote: ↑ Planning to get a corner townhome with an easement. These are a group of 6 townhomes and two townhomes have a backyard entrance from my side. , My concern is If I put a pool in my backyard and god forbid someone's child or pet wanders in and drowns, who is responsible? Cities' sites don't show any online by-law on this or guidelines.
Are neighbors supposed to ring and alert or ask before using my property backyard when easement?
Any other heads up would help.
Thx.

It's called an easement. They are entitled to use it. Otherwise it would be called a pain in the ass. Do you call the city for permission every time you use "their" sidewalk?

Can't answer about the pool, but I also lived in an end unit townhouse, with two other houses with an easement through my backyard.
The one neighbor farthest from me never used my yard, except for when he moved out about year into our ownership. He knocked on my door and asked if he can move some stuff through since he was moving out. The owners who replaced him has never used our yard as far as I know.
The immediate next door neighbour uses my yard twice a year, to move his lawnmower. He doesn't ask but it's like 2 minutes that he's there, and he's considerate and quick.

I think the bigger issue is whether you will be granted a permit to put a pool in, if this impedes/infringes upon your neighbour's right of easement. They may well object at the application stage. Apart from the safety considerations you mention related to your obligation to securing any pool. Again, that would be a condition of the permit being granted. Probably consult a lawyer.

mparker2 wrote: ↑ I think the bigger issue is whether you will be granted a permit to put a pool in, if this impedes/infringes upon your neighbour's right of easement. They may well object at the application stage. Apart from the safety considerations you mention related to your obligation to securing any pool. Again, that would be a condition of the permit being granted. Probably consult a lawyer.

Ding ding. +1
This sounds like the right answer and exactly what I was thinking. If there is an easement, I think it would be an uphill battle to even build an in-ground pool (or any type of pool). You'd still be responsible to ensure the security around the pool anyways.

How much land is there even to build a pool? I imagine not much yardage if it's a townhouse.

Once anyone has gone through the process of obtaining a permit, one understands that this can be a complex process and far from a rubber stamp for whatever your proposed plans are. Further, it is extremely important for anyone purchasing property to understand the existence of and implications of easements and/or rights-of-way over their property and impact on future use. Let alone ability to legally access your specific property. it doesn't matter how frequently the easement or right of way is used in practice - the issue is that it is *available* for use at any time for those with deeded rights of access. The cost of an up to date survey (which shows any easements/ROW) pales in comparison to getting this wrong at the time of purchase.

If you can get a permit for it, go for it. Just find an insurance company that will cover you, and that shouldn't be a problem. You'll be covered in case of a lawsuit. It's not much different than not having the easement. Anyone who has a pool is liable if anyone drowns in it, even if that person was trespassing. Always expect a lawsuit if someone gets hurt or killed on your property. That's the type of country we've become

Shaner wrote: ↑ If you can get a permit for it, go for it. Just find an insurance company that will cover you, and that shouldn't be a problem. You'll be covered in case of a lawsuit. It's not much different than not having the easement. Anyone who has a pool is liable if anyone drowns in it, even if that person was trespassing. Always expect a lawsuit if someone gets hurt or killed on your property. That's the type of country we've become

You make it sound like its always the homeowners fault, it's not. Along as there is no negligence the homeowner won't be held liable. Maintain the pool area and keep it fenced properly. You may still be sued but they will lose.

chimaican wrote: ↑ How much land is there even to build a pool? I imagine not much yardage if it's a townhouse.

Was wondering the same. Townhomes around me have enough backyard space for a kiddie pool.

Many condo townhomes don’t even allow you fence off the backyard because they have maintenance works who maintain the grass and trees. If that is the case no way you can put in a pool.

chimaican wrote: ↑ Ding ding. +1

How much land is there even to build a pool? I imagine not much yardage if it's a townhouse.

Not a lot for dig in pool but reasonable for the kiddie pool.

a3dview wrote: ↑ Not a lot for dig in pool but reasonable for the kiddie pool.

??

What do you mean by kiddie pool? Do you mean a temporary inflatable type sold at Wal-Mart?

Run a (chain link) fence along the easement line @ required height so your neighbours will not have access to the pool area when they are passing through.