farm pond

Some farmland is more than just working land. Natural features like ponds may detract from the overall crop potential of a piece of farmland. Moreover, these “attractive farm nuisances” can also add to the farmland owner’s liability. When that’s the case, it’s important for the landowner to work with a specialist who can best identify the risks and put a protection plan in place.

What is an attractive farm nuisance?

An attractive nuisance is a potentially hazardous feature or condition on a piece of land that may attract children or adults who could incur injury. Attractive farm nuisances open up a new liability to the landowner. It’s normal practice to require an invitation for any visitors to a piece of farmland. But trespassing is common, especially with minors.

There is separate legal precedent for any injuries incurred by someone on your land depending on whether that person was invited or trespassed. But if your land features an attractive nuisance like a pond or sharp change in elevation — or a man-made feature like equipment storage — you as the landowner may bear the burden of protecting yourself from the liability it creates.

What you can do to protect yourself

Federal, state and local laws often require landowners to “take reasonable precautions” to help ensure the safety of anyone stepping onto their land. For farmland, that includes posting highly visible signs laying out requirements for entry onto your land. But the laws are often far from crystal clear. Sometimes exploring any attractive nuisances on your land may create more questions than answers.

“An attractive nuisance can be present anywhere and may not always be readily identified,” said Nationwide Risk Management Director Doug Becker. “And those exposures of the attractive farm nuisances are rarely accounted for in a standard homeowner’s insurance policy.”

Connect the right team

This makes it critically important to connect with a farm insurance agent or risk management specialist who understands your land and any potential attractive nuisances on it. Also consider consulting an attorney who can address legal concerns about the specific attractive nuisances on your land.

“There are so many variables with attractive farm nuisances. An attorney can help you determine your level of liability,” Becker said. “And don’t rely on a standard homeowner’s insurance policy to protect you from that liability. Have a conversation with an informed, experienced insurance agent who can show you the most effective policy options. Having the right insurance in place can help you mitigate the risk you face from attractive farm nuisances.”

Products underwritten by Nationwide Mutual Insurance Company and Affiliated Companies. Subject to underwriting guidelines, review and approval. Products and discounts not available to all persons in all states. Nationwide and the Nationwide N and Eagle are service marks of Nationwide Mutual Insurance Company. ©2023. Nationwide.
The issue of property taxation remains as one of the biggest challenges our members face today. Ensuring agricultural property is valued for its agricultural potential and not development is critical to the continued success of Ohio agriculture.
Matt Aultman's avatar
Matt Aultman

Darke County Farm Bureau

Giving farmers a voice
The plan we are on is great. It’s comparable to my previous job's plan, and we are a sole proprietor.
Kevin Holy's avatar
Kevin Holy

Geauga County Farm Bureau

Ohio Farm Bureau Health Benefits Plan
I could not have done it without the resources I have found through Farm Bureau.
Gretchan Francis's avatar
Gretchan Francis

Trumbull County Farm Bureau

Bringing the farm back to life
We really appreciate what Farm Bureau has done to get people interested in this line of work and workforce development and getting people interested in this industry.
Jody Brown Boyd's avatar
Jody Brown Boyd

Brown's Family Farm Market

Finding farm labor
We work terrifically with the Ashtabula County Farm Bureau, hosting at least one to two outreach town hall events every year to educate new farmers and existing farmers on traditional CAUV and woodlands.
David Thomas's avatar
David Thomas

Ashtabula County Auditor

CAUV: Past, present and future
Because we are younger farmers just starting out, Farm Bureau has a lot of good opportunities and resources to help us grow in the future.
Hannah Kiser's avatar
Hannah Kiser

Sandusky County Farm Bureau

Farm Bureau involvement
Through the Select Partner program, we became educated in farm insurance and weren't just selling policies. It became more and more clear why farmers need an advocate like Ohio Farm Bureau.
Chad Ruhl's avatar
Chad Ruhl

Farm manager, CSI Insurance

Select Partner Program
So many of the issues that OFBF and its members are advocating for are important to all Ohioans. I look at OFBF as an agricultural watchdog advocating for farmers and rural communities across Ohio.
Mary Smallsreed's avatar
Mary Smallsreed

Trumbull County Farm Bureau

Advocacy
Suggested Tags: