Trespass & letting people on

Opening your land

The Recreational Use Act has limits

Letting people onto your land for free — the Recreational Use Act (RSMo 537.345–537.348) — is NOT blanket immunity, and this is the misunderstanding that gets rural landowners hurt. The Act CAN limit your duty when people come onto your land WITHOUT CHARGE for recreation. But section 537.348 says the Act does NOT limit liability in several big situations. Most important for rural Missouri: the 'residential area' exception is defined to include 'any land used for farming or agricultural purposes' — so a working farm or ag land may fall OUTSIDE the Act's protection entirely. Before you open your land, lease hunting rights, charge anyone anything, or rely on a waiver, have a Missouri attorney and your insurer review the arrangement.

The Act does not limit liability in these situations:

• Malicious or grossly negligent failure to guard or warn against a dangerous condition — or negligent failure to warn of an ultrahazardous condition.
• Injury to someone who paid a charge to enter.
• Injuries in or on any swimming pool.
• Injuries on a 'residential area' — which is defined to include land where housing predominates AND any land used for farming or agricultural purposes.
• Injuries on 'noncovered land' — surface used mainly for commercial, industrial, mining, or manufacturing (though agricultural, grazing, forestry, conservation, natural-area, and the owner's own recreational uses are NOT treated as commercial).