Sharing a Pond Questions
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chucko - that's mostly my fault. I'm an introvert that moved to the country because I'm originally from a small town and we got tired of reaching out the side window and touching the house next door. I enjoy my privacy and if I was naked, he'd have gotten sick and run the other way (hmmmm - that gives me an idea).
chucko
Veteran Member
heck start fishing with him become friends sound like he just wants to fish some and make the pond better. Make him think your ideas are his and let him help pay for them.
A fish feed should would help this little guys fatten up...then put it on the other side of the pond
a fountion sure would help the o2 level and put that where you don't want him to fish
A fish feed should would help this little guys fatten up...then put it on the other side of the pond
a fountion sure would help the o2 level and put that where you don't want him to fish
PBMAX
Platinum Member
I also share a pond of abot 3 acres with some folks and the fellow just over the dam receintly put up posted signs. Nice fellow I have talked to once before. Haven't seen him at the pond to see why he posted but will stay on my side till I can ask him about it. We are out in the country so i figure he cought some of the younglings over on his side down there. I have seen them around on occasion and though they never bother anything. He is probabley just not taking chances.
I knew fellow back in JR high school who's parents got sued because someone's kid almost drowned in there pond behind a fence. Fortunatly they lost but you never can tell...
I also had it written into my contract when I bought,that I have 100% access to all points on the pond as it is a shared community type pond. But who knows if I pushed wether or not it would stand up in court. Beside I own 2/3 of the property on my side and half way out in the pond. 285ft of shoreline and about 100' out in the pond.
My good neighbor to the side of me and I started clearing a nice area on our joint property line anyway for his lil boat and our floating dock(hopefully by next summer). We should have a nice spot between the 2 of us...or even individually.
I hope your's works out Ok for ya, my house is 800' + away from the pond so some one fishing in my corner wouldln't invade my privacy really... Unless I was SKINNY DIPPEN and I don't see that happening with the size some of those turtles I'v seen... or the Large Mouth Bass for that matter.... /forums/images/graemlins/grin.gif
O' as to water rights, I think in BAMA the state holds all rights to the water... you only have control of the land under it to some degree.
I knew fellow back in JR high school who's parents got sued because someone's kid almost drowned in there pond behind a fence. Fortunatly they lost but you never can tell...
I also had it written into my contract when I bought,that I have 100% access to all points on the pond as it is a shared community type pond. But who knows if I pushed wether or not it would stand up in court. Beside I own 2/3 of the property on my side and half way out in the pond. 285ft of shoreline and about 100' out in the pond.
My good neighbor to the side of me and I started clearing a nice area on our joint property line anyway for his lil boat and our floating dock(hopefully by next summer). We should have a nice spot between the 2 of us...or even individually.
I hope your's works out Ok for ya, my house is 800' + away from the pond so some one fishing in my corner wouldln't invade my privacy really... Unless I was SKINNY DIPPEN and I don't see that happening with the size some of those turtles I'v seen... or the Large Mouth Bass for that matter.... /forums/images/graemlins/grin.gif
O' as to water rights, I think in BAMA the state holds all rights to the water... you only have control of the land under it to some degree.
MossRoad
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150 year rains are rare and ponds should be constructed with spillways in case the drain tube gets plugged. Sounds like the guy put out the bales to protect your water from run off.
Do you ever go fishing? Go with the guy once in a while and enjoy a fish dinner with him sometime.
My neighbors live 35 feet from me. We have cookouts while they wash their car and they have cookouts while we swim in our pool. The unspoken rule is never mow the lawn or do really loud, dangerous stuff when the other families are outside. 5 out of the 6 get along just fine. #6 has issues. I'm sure you'll work it out. /forums/images/graemlins/tongue.gif
Do you ever go fishing? Go with the guy once in a while and enjoy a fish dinner with him sometime.
My neighbors live 35 feet from me. We have cookouts while they wash their car and they have cookouts while we swim in our pool. The unspoken rule is never mow the lawn or do really loud, dangerous stuff when the other families are outside. 5 out of the 6 get along just fine. #6 has issues. I'm sure you'll work it out. /forums/images/graemlins/tongue.gif
Dargo
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IL may be different than IN, but in IN, you'd be screwed. I actually sold my house, property and moved. I owned nearly all of a 3 acre lake but had a half dozen other morons that had property that touched the "natural" waterline.
Problem. All expenses for upkeep and maintenance was divided up according to what percentage of the lake was owned. Therefore, I bore nearly 100% of the costs. The IN DNR and conservation services told me that since their property went into the natural water level, they had rights to the entire lake.
Bigger problem. I built a dock in the lake on my property. The other bumbling morons and their offspring proceeded to use my dock as their own. Not only did they use it, but they left their trash and soda and beer cans on my property.
I sought legal council because since I owned a full 100% of the dam, I decided that I just wanted to use that dirt elsewhere and would just drain the stinking lake!! IN law forbid me to do that since I would "devalue" their property.
My only justice I got was when I called the health department of that county and told them that 4 of the surrounding houses had their septic systems draining into my lake. They did a dye test and all 4 houses proved to have some sort of leakage into the lake. They were each given 14 days to correct the problem or evacuate their homes until the problem was fixed and inspected by the health department. Oh yeah, the neighbors loved me for that!! /forums/images/graemlins/grin.gif
I even had some people who purchased property across the road from my lake that had written into their deed that they had "lake rights". Only those people got shot down by the law. Since that was not in my deed and I owned the lake, whoever wrote their deed had no right at all to grant "lake rights" to my property.
Oh, it was really nasty. I had to pay an attorney to get me out of an aggravated battery charge over one incident with one of the neighbors. You can use your imagination as to what happened there. It was worth the expense!!!!
The bottom line in IN seems to be that if you have property that touches the natural waterline of a body of water, you have rights to use the entire body of water. After all the problems and expenses I had, it wasn't worth it. I now have a nice lake where I live now. Needless to say, it is completely confined within the borders of my property!! Good luck! I know only too well where you are coming from.
Problem. All expenses for upkeep and maintenance was divided up according to what percentage of the lake was owned. Therefore, I bore nearly 100% of the costs. The IN DNR and conservation services told me that since their property went into the natural water level, they had rights to the entire lake.
Bigger problem. I built a dock in the lake on my property. The other bumbling morons and their offspring proceeded to use my dock as their own. Not only did they use it, but they left their trash and soda and beer cans on my property.
I sought legal council because since I owned a full 100% of the dam, I decided that I just wanted to use that dirt elsewhere and would just drain the stinking lake!! IN law forbid me to do that since I would "devalue" their property.
My only justice I got was when I called the health department of that county and told them that 4 of the surrounding houses had their septic systems draining into my lake. They did a dye test and all 4 houses proved to have some sort of leakage into the lake. They were each given 14 days to correct the problem or evacuate their homes until the problem was fixed and inspected by the health department. Oh yeah, the neighbors loved me for that!! /forums/images/graemlins/grin.gif
I even had some people who purchased property across the road from my lake that had written into their deed that they had "lake rights". Only those people got shot down by the law. Since that was not in my deed and I owned the lake, whoever wrote their deed had no right at all to grant "lake rights" to my property.
Oh, it was really nasty. I had to pay an attorney to get me out of an aggravated battery charge over one incident with one of the neighbors. You can use your imagination as to what happened there. It was worth the expense!!!!
The bottom line in IN seems to be that if you have property that touches the natural waterline of a body of water, you have rights to use the entire body of water. After all the problems and expenses I had, it wasn't worth it. I now have a nice lake where I live now. Needless to say, it is completely confined within the borders of my property!! Good luck! I know only too well where you are coming from.
markct
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</font><font color="blue" class="small">( I'm an introvert that moved to the country because I'm originally from a small town and we got tired of reaching out the side window and touching the house next door. I enjoy my privacy )</font>
i guess thats where some of us are different, i love the country cause i know my neighbors, all our neighbors are great friends, if they wanna come on our property never a problem, we go thru theres, not a problem, its all give and take, and we all use common courtesy not to do anything to interfere with the other people, and because we get along fine there is no worries one or the other is gona sue for getting hurt or whatever. your incident with the neighbor in the boat while ya were having a cookout, had it been me, i woulda invited him over, im not so cheap that i wouldnt offer a burger and a few beers to him, more than worth the price to have a good neighbor, and i know my neighbors would do the same
i guess thats where some of us are different, i love the country cause i know my neighbors, all our neighbors are great friends, if they wanna come on our property never a problem, we go thru theres, not a problem, its all give and take, and we all use common courtesy not to do anything to interfere with the other people, and because we get along fine there is no worries one or the other is gona sue for getting hurt or whatever. your incident with the neighbor in the boat while ya were having a cookout, had it been me, i woulda invited him over, im not so cheap that i wouldnt offer a burger and a few beers to him, more than worth the price to have a good neighbor, and i know my neighbors would do the same
SPIKER
Elite Member
in OH the law is similar to ID if you have any property crossing or lake boarder access to the lake then you have 100% access all around it. it has been fought but as far as I know it is still same way. anyhow I would tell him NOT to wokrk on the dam it would have to be drained well below andy work height before work begines and would have to remain there for some time after work is done, just filling up the lake would probalby end up causing some leakage or worst a washout... using a track hoe to deepen the pond would be ok.,
like others said letting hem fish around the permiter would not harm you and would more than likely make him happy and he would be more willing to work with you on othere concerns you might have. also you could end up getting a good fishing buddy and helper buddy when needed! /forums/images/graemlins/wink.gif
MarkM
like others said letting hem fish around the permiter would not harm you and would more than likely make him happy and he would be more willing to work with you on othere concerns you might have. also you could end up getting a good fishing buddy and helper buddy when needed! /forums/images/graemlins/wink.gif
MarkM
Maxfli
Silver Member
IL_Haz
I also live in Illinois. Low area between me and my neighbor. He has all the equipment and we are talking about doing a 1 acre pond, I think it would be 50/50 based on the location of the property line. I have been doing some reading on the subject, and if I understand the liabilties correctly, if your neighbor works on the dam, this let loose and damages someones property lets say 2 miles downstream my guess would be you are 96% Liable for those damages too, your neighbor is only liable for his 4%. I, by no means have any back round here, I was just reading some horror story on a pond building somewhere. This whole thread makes me nervous to proceed.
I also live in Illinois. Low area between me and my neighbor. He has all the equipment and we are talking about doing a 1 acre pond, I think it would be 50/50 based on the location of the property line. I have been doing some reading on the subject, and if I understand the liabilties correctly, if your neighbor works on the dam, this let loose and damages someones property lets say 2 miles downstream my guess would be you are 96% Liable for those damages too, your neighbor is only liable for his 4%. I, by no means have any back round here, I was just reading some horror story on a pond building somewhere. This whole thread makes me nervous to proceed.
Bob_Skurka
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OK I know I'm intruding on this thread, but I have been considering digging a pond.
The problem is not all of the digging will be on my property, some of it will be on "common" property inside my neighborhood. In the attached picture, my property is bordered by the road on top of the photo and the yellow lines mark the rest of the borders. The blue circle is the approximate location of where I want the pond. It is located in a field that is parially mine, and partially leased to a farmer. I know I can get permission to dig the pond, the problem is I want it to be my pond not a neighborhood pond. The farmer who leases the land has an agreement with me and I with him about use of the property. My thought was he and I would work it out between the two of us as to who could and could not use the pond (I could use it nobody else could). My logic is the lease laws. As he is the legal lease holder of the common land, and part of my land, nobody that he doesn't want on that land is allowed to use it, just like owernship. But I'm thinking I may need to rewrite the lease and make me the lease holder of body of water and a 20' setback around the body of water, for all parts that are not within the boundries of my property. That way, what I own I own and what I don't own, I have under a legal lease that grants only me the rights to use. You guys think that will work??? I've not run this past my lawyers, but I suspect it should...
I should say that I had planned on taking over some of the field in the spring anyway so I guess my question is the legality of the lease document and if that would prevent others from using the land that is in the common area but would be under lease to me.
The problem is not all of the digging will be on my property, some of it will be on "common" property inside my neighborhood. In the attached picture, my property is bordered by the road on top of the photo and the yellow lines mark the rest of the borders. The blue circle is the approximate location of where I want the pond. It is located in a field that is parially mine, and partially leased to a farmer. I know I can get permission to dig the pond, the problem is I want it to be my pond not a neighborhood pond. The farmer who leases the land has an agreement with me and I with him about use of the property. My thought was he and I would work it out between the two of us as to who could and could not use the pond (I could use it nobody else could). My logic is the lease laws. As he is the legal lease holder of the common land, and part of my land, nobody that he doesn't want on that land is allowed to use it, just like owernship. But I'm thinking I may need to rewrite the lease and make me the lease holder of body of water and a 20' setback around the body of water, for all parts that are not within the boundries of my property. That way, what I own I own and what I don't own, I have under a legal lease that grants only me the rights to use. You guys think that will work??? I've not run this past my lawyers, but I suspect it should...
I should say that I had planned on taking over some of the field in the spring anyway so I guess my question is the legality of the lease document and if that would prevent others from using the land that is in the common area but would be under lease to me.
