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Old 08-15-2009, 08:09 AM
 
3,155 posts, read 9,497,424 times
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Even without the liability issue, why in the world would the Nanny think this is ok??? What if you are trying to get your kids to do homework or reading or such and the kids outside on YOUR play structure are making noise and being distracting. Not to mention one of those kids could break something on the play structure.

I agree about talking to the parents instead of the Nanny. It's there job to deal w/ their employee, not yours. I'm just appalled at how INCREDIBLY inconsiderate this is. I'm sorry you have to deal with.

I do recommend asking your insurance agent about this. He/she would hopefully have good advice.

Kudos to you for not standing of the back deck and yelling "What the heck are you doing!!!"
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Old 08-15-2009, 08:16 AM
 
646 posts, read 1,764,390 times
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Quote:
Originally Posted by PDXmom View Post
Even without the liability issue, why in the world would the Nanny think this is ok??? What if you are trying to get your kids to do homework or reading or such and the kids outside on YOUR play structure are making noise and being distracting. Not to mention one of those kids could break something on the play structure.

I agree about talking to the parents instead of the Nanny. It's there job to deal w/ their employee, not yours. I'm just appalled at how INCREDIBLY inconsiderate this is. I'm sorry you have to deal with.

I do recommend asking your insurance agent about this. He/she would hopefully have good advice.

Kudos to you for not standing of the back deck and yelling "What the heck are you doing!!!"
I have to wonder if the Nanny is from the US. Often times, other cultures have different views on personal space for one...and in other countries such private play structures are very rare. Such equipment would always be for public use.

I do agree....and talk with the parents about how this makes them uncomfortable is in order first....then other measures if need be.
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Old 08-15-2009, 12:47 PM
 
Location: Chapel Hill, N.C.
36,389 posts, read 40,831,231 times
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zoya- you hit the nail on the head. Both the family and the nanny are from different Eastern European countries. The husband gave me permission to barely cross the property line in a shared wooded strip with my perennial bed. "Only Americans are so concerned with property lines. We don't care. Do as you please." he said when I asked for clarification of property line before I planted the first flower.
Well months later, on a rare occasion when the wife was outside she became very upset to see I had crossed the property line by approximatley 3 feet with 4 tall cannas. Apparently she is more americanized then he thought. I was extremely embarrased and even ticked when I looked to the husband for some acknowledgement that he had given me permission when he just walked away. While this was happening their 2 children were swinging on our swing set while my own children were on the driveway. It was very tense for awhile. I removed the offenders(plants not kids) and wrote a note which was briefly answered. Today we exchanged a few pleasant words all acting like nothing had happened. I really like the nanny and she is a fine young woman so I don't want to hurt her feellings and I certainly don't want her in the middle of this slight tension.

A deer fence has always been in our plans but I really don't want to fence the entire yard. I know from experience that kids leave gates open and sometimes adults do too. The swing set is not seen from the street but our street has 16 kids and I love that they all play together so well. I don't mind everybody congregating in our yard When My Own Children Are Outside but it is rather difficult when we are having quiet time or study time inside and my kids see their friends in our backyard on our play set. Funny thing is , it is only 2 swings and 1 monkey bar while other neighbors have a zillion dollar fort set up behind a see thru fence but rarely are neighborhood kids at that house. Is it because I provide a large cold water pump thermos with plastic
cups? I
am not sure what to do yet. I'm afraid if I call insurance agent he will red flag our account or something. Still thinking about it.
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Old 08-15-2009, 01:41 PM
 
3,155 posts, read 9,497,424 times
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Quote:
Originally Posted by no kudzu View Post
zoya- you hit the nail on the head. Both the family and the nanny are from different Eastern European countries.
I had not thought about this possibility. Good call Zoya.

I would talk to the parents still and explain your concerns and your needs as a family. Good luck and let us know the resolution. I hope it's a good one for you all.
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Old 08-16-2009, 11:38 AM
 
9,680 posts, read 23,233,500 times
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If all else fails, buy a "Posted - No Trespassing" sign and put it where anyone coming to the swingset will see it.

If she then enters your property, call local law enforcement and ask for her to be issued a formal trespass notice. Next time, call and have her arrested or cited.

The court will provide an interpreter if she or the parents cannot understand the issue at that point.

Your insurer will defend you on claims, but rates can take a hit.
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Old 08-16-2009, 12:27 PM
 
7,643 posts, read 12,640,858 times
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If it is just swings and not a climbing set you could take a combination lock and easily pull the swing chains together and lock.

I would first aks the parents ...they probably don't know.

If it continues the lock might help.
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Old 08-16-2009, 02:16 PM
 
Location: Raleigh
7,993 posts, read 5,079,592 times
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Quote:
Originally Posted by no kudzu View Post
<> I am not sure what to do yet. I'm afraid if I call insurance agent he will red flag our account or something. Still thinking about it.
So it is not really as much about the liability issue, eh? You have liability when they use the set whether with permission or not. Trespass issues can be very emotional. The old phrase, "Good fences make good neighbors" comes to mind.
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Old 08-16-2009, 02:16 PM
 
Location: Durham
838 posts, read 2,958,548 times
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Quote:
Originally Posted by no kudzu View Post
I know from experience that kids leave gates open and sometimes adults do too.
Not so if you have the right fence. My neighbors back in the 80's had wooden fences that automatically closed and locked from the inside immediately after a hand didn't hold it open. You could only enter the yard through the garage of which was kept locked at all times. They had a beautiful yard with a highly coveted tree swing. For sure, if they didn't have it the neighborhood kids probably would be a problem.
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Old 08-29-2009, 08:55 AM
 
106 posts, read 280,386 times
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You are correct, your insurance will flag you.

Posting a "no trespassing" sign can create more rather than fewer legal issues.

Locking up your swing set would be a total pain but a fence may be the best way to go. I would also suggest you consider writing letters to document conversations with your neighbors. That will seem more formal and making a big deal out of things, but you may need the paper trail.

Good luck.
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Old 08-29-2009, 02:35 PM
 
Location: Ellicott City MD
2,268 posts, read 8,030,225 times
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The number one thing I'd do, whether I'd given permission or not, is make sure that my swing set had enough mulch under it (as recommended by the CPSC Home Playground Safety Tips ). I know of too many broken arm stories from insufficient mulch, and I'd worry about my personal liability if I didn't meet those guidelines.
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