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Chapter 9

OWNERS AND OCCUPIERS OF LAND

  This chapter summarizes the various common-law rules dealing with the obligations of owners of land, and the more modern rules that have sometimes replaced the common-law ones.
  • Duty to those outside the premises:  A landowner has a general duty to prevent an unreasonable risk of harm to persons off the land from artificial conditions on the land. (Traditionally, the owner has no duty to remove a natural condition that poses risk to those off the land.)
  • Trespassers:  As a general rule, the landowner owes no duty to a trespasser to make her land safe, to warn of dangers on it, or to protect the trespasser in any other way. But there are important exceptions to this rule.
    • Children:  Most significantly, the owner owes a duty of reasonable care to a trespassing child if certain conditions are met.
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