It's just not fair - she has these BEAUTIFUL rocks on her property - I mean 60 - 70 foot cliffs with gorgeous trad routs and she doesn't appreciate their recreative possibilities at all.

check the west va recreational user statutue (if they have one). It is a liability shield for landowners who allow people to recreate on their land without charging a fee. give the lady a copy of it.

West Virginia Code

ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.
(some parts deleted to shorten)
§19-25-1. Purpose.
The purpose of this article is to encourage owners of land to make available to the public land and water areas for military training or recreational or wildlife propagation purposes by limiting their liability for injury to persons entering thereon and for injury to the property of persons entering thereon and limiting their liability to persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.

§19-25-2. Limiting duty of landowner generally.
Subject to the provisions of section four of this article, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational or wildlife propagation purposes, or to give any warning of a dangerous or hazardous condition, use, structure or activity on such premises to persons entering for such purposes.
Subject to the provisions of section four of this article, an owner of land who either directly or indirectly invites or permits without charge as that term is defined in section five of this article, any person to use such property for recreational or wildlife propagation purposes does not thereby: (a) Extend any assurance that the premises are safe for any purpose; or (b) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

§19-25-4. Application of article.
Nothing herein limits in any way any liability which otherwise exists: (a) For deliberate, willful or malicious infliction of injury to persons or property; or (b) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the federal government or any agency thereof, the state or any agency thereof, or any county or municipality or agency thereof.
Nothing herein creates a duty of care or ground of liability for injury to person or property.
Nothing herein limits in any way the obligation of a person entering upon or using the land of another for recreational or wildlife propagation purposes to exercise due care in his or her use of such land and in his or her activities thereon.

§19-25-6. Limiting duty of landowner for use of land for military purposes.
Notwithstanding the provisions of section four of this article to the contrary, an owner of land owes no duty of care to keep the premises safe for entry or use by others for military training purposes, regardless of whether any charge is made therefor, or to give any warning of a dangerous or hazardous condition, use, structure or activity on the premises to persons entering for those purposes.
Notwithstanding the provisions of section four of this article to the contrary, an owner of land who either directly or indirectly invites or permits, either with or without charge, any person to use the property for military training purposes does not thereby: (a) Extend any assurance that the premises are safe for any purpose; or (b) confer upon those persons the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of those persons.

§19-25-7. Insurance policies.
Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any owner of lands covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the use of such insured's land for recreational, wildlife propagation or military purposes, unless such provision or endorsement is rejected in writing by the named insured.

Call her and try to arrange a meeting with her. Bring her a bottle of wine, rye, whiskey .

So I went this morning about 40 minutes away from my front door, to a little smear on the road in West Virginia. There's a little, privately owned country store that sits opposite a quite nice pile of sand stone atop a hill. There is also a sweet block about 12 - 13 feet high that sits down below the little general store near the river. It offers maybe 8 good bouldering routs.

I was there this morning, flailing away at some V.Idunno and not quite making past the small dyno (ok, I'm 5'1, anything you taller climbers can reach with ease is a dyno for me LOL) jug, but having fun trying to get off the ground and waiting on my partner who was an hour late showing up.

I decided around 9:10 am that I really needed to get back home (the Dear Hubby - DH was not happy that I went out this morning). I walked the 50 yards back to my car and started to get packed up when the owner of the little general store came out. Turns out she is the owner of aforementioned cliff and boulder block and she told me that her insurance would be dropped if she allowed my buddies and I to climb on her property.

I offered to sign a waiver of liability, but she wasn't sure that would suffice for her insurance company.

So - anyone who might be in the know - is this just something someone may have told her that she didn't ask for herself? That her company would drop her if she allowed us to climb? Or have you heard of such things before? I would really like to reassure her that she is in no danger of loosing her insurance especially with a legal waiver in her hands, but I would like to enter that discussion with some facts to bring to the table.

My biggest reason for wanting to pursue this itty bitty access is because it is only about 35 miles from my home. By far the closest area to climb in.

I would appreciate any and all serious replies.

Thanks.

God Bless,
mik

check the west va recreational user statutue (if they have one). It is a liability shield for landowners who allow people to recreate on their land without charging a fee. give the lady a copy of it.

LOL Req :D Except for the stupid politics in this State, it's fair to middlin' a nice place to be :D Can't complain about a plethora of good outdoor areas anyway. It's not Wyoming (where my heart will ALWAYS be), but it's a very close second :D

And dude - I'm a gal, not a boy :) No worries - internet and all.

Don't think she would like the whisky, rum, wine or beer - I don't know her that well, but she strikes me as the fine and upstanding Baptist type (nothing wrong with that in my book). Maybe I'll bring her some home baked muffins and tea though when I visit and bring her the printed out statute :)

God Bless,
mik

...I think the big issue is going to be the insurance question. If her insurance company has told her they will drop her if she gives consent for us to climb on her property, then I'm not going to press the issue. As nice as her rock pile is, it's not worth upsetting her or getting upset myself about it :)

God Bless,
mik

...I think the big issue is going to be the insurance question. If her insurance company has told her they will drop her if she gives consent for us to climb on her property, then I'm not going to press the issue...

Maybe she's using the "insurance card" as a polite way of telling you to she doesn't want you climbing on her property.

?