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In New Hampshire, you don't have to post your land to be shielded from liability.
Most states have Recreational Trespass Acts (or similar laws) which greatly limit liability on vacant property. As long as you leave the property in its natural condition and don't create a hazard or an attractive nuisance, it's exceedingly difficult for anyone to successfully sue for damages, regardless of what they might be. That doesn't stop someone from filing a lawsuit, but it makes it nearly impossible for them to prevail if you've abided by the particular aspects of your state law. Just don't go setting booby-traps and you should be fine.
Over the years I have seen in the news a case now and again where a trespasser got injured and won a suit against landowner for what would basically be not trying hard enough to prevent trespassing.
One that sticks in my mind was a dirt-bike rider that had made his own trail through the remote area and got badly injured with mega-buck medical bills. The property owner lost because the courts reasoned the owner "should have known it was being used for dangerous activity and hired guards to keep out trespassers" even though it was a multi-thousand acre property.
You have to take into account that in rural areas the judge, the local lawyers, the jurors, and the trespasser who is trying to sue you are all drinking buddies or relatives. You won't need insurance to pay the trespassers injuries, you need insurance to pay your own lawyer's bills for the first trial and the appeals.
Get an umbrella liability extended from your homeowners or tenant's insurance. It's very cheap to do that.
A no trespassing sign won't save you from being sued.
^^^ This. We carried an umbrella liability coverage (through our homeowners policy) because we were grazing horses on the vacant land. If someone wandered over (trespassed) and tried to feed or otherwise get through the fence, got some fingers bitten off or kicked then we had liability coverage. As OWS states, just posting a sign won't protect you. It isn't terribly expensive either.
I called my insurance company and learned that the land would be covered under my current homeowner's policy ONLY if there are NO structures on the land. Including no fences, no gates, no sheds, no buildings, etc.
Well, that sucks because I wanted to add a gate and simple shelter. I could just 'post' for tresspassing and use a heavy cable between two trees to block the drive-in entrance.
I also spoke with a lawyer (prepaid legal service) who says that a tresspasser could sew if there were an inviting structure and a tresspasser got hurt or if I had some negligent or intentional dangerous setup and someone got hurt.
Getting land can get complicated; lots of other questions/issues I have to inquire for and my buyer's agent hasn't lifted a finger to help. I've already made an offer that's got accepted and I wish I could switch to a different agent who shows interest in helping me out!
I called my insurance company and learned that the land would be covered under my current homeowner's policy ONLY if there are NO structures on the land. Including no fences, no gates, no sheds, no buildings, etc.
Well, that sucks because I wanted to add a gate and simple shelter. I could just 'post' for tresspassing and use a heavy cable between two trees to block the drive-in entrance.
I also spoke with a lawyer (prepaid legal service) who says that a tresspasser could sew if there were an inviting structure and a tresspasser got hurt or if I had some negligent or intentional dangerous setup and someone got hurt.
Getting land can get complicated; lots of other questions/issues I have to inquire for and my buyer's agent hasn't lifted a finger to help. I've already made an offer that's got accepted and I wish I could switch to a different agent who shows interest in helping me out!
If you have a structure on the property, you can insure it separately from your existing HO policy. Granted, it would need to pass an inspection, but that usually just means a heat source and reasonable care and condition.
Outside of that, there are a few E&S brokers that will gladly write custom policies for this. Find someone in your are that works with Excess and Surplus lines. You're going to have to show that 3 admitted carriers rejected the risk every year, but a good agent will help you through that process.
Is this land in GA? If so, find a broker that works with Appalachian Underwriters - they've got a vacant land program.
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