# Trespassing on a Pond



## vandestd (Aug 31, 2007)

My question is this if I own 90% of a pond an my neighbor keeps comming on my side is it trespassing?


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## Nealbopper (May 28, 2008)

If they are coming on your property, yes that is trespassing. If they are in a boat, No it's not trespassing. Not much you can do then. Neal


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## FishTales (Feb 13, 2002)

vandestd said:


> My question is this if I own 90% of a pond an my neighbor keeps comming on my side is it trespassing?


What you meant to say is you own 90% of the property surrounding the pond.
Your neighbor owns the other 10% and has access to the pond the same as you.
You both share the pond, not the land.
If it bothers you that he is on your side, go fish on his side. :lol: :lol:
Rich


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## boehr (Jan 31, 2000)

vandestd said:


> My question is this if I own 90% of a pond an my neighbor keeps comming on my side is it trespassing?


Coming on your side how and to do what? Was the pond created or is it natural? Is there any ingress or degress to the pond at any time of the year through a river, stream or creek regardless how small it may be?


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## vandestd (Aug 31, 2007)

The reason I ask this is I'm looking a buying a lot like the one I spoke of above and wanted to know the laws the lot is 2.5 acres of which 1.25 is pond. So they can go past the property line in a boat. What about placing a floating raft in the center of the pond?


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## vandestd (Aug 31, 2007)

Also the pond is man made with no other sources of water feeding into it.


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## bigcountrysg (Oct 9, 2006)

I know this is the law forum. But if your expecting that the person only use his section of the pond. I think your looking at getting into a bad nieghborly relationship if you buy the property. 

Being man made, it sounds as if the property around the pond has been parcelled off. I would believe it would have to be treated as a private lake. All property that has access to the lake has full use of the lake. 

If you buy a cottage or house on a private lake, your not entitled to use only that section of the lake that is over the bottom grounds which you own.


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## vandestd (Aug 31, 2007)

Thanks for the info I wouldn't want to be the bad neighbor I just wouldn't want to be liable if some thing were to happen on my section of the lake.


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## bigcountrysg (Oct 9, 2006)

vandestd said:


> Thanks for the info I wouldn't want to be the bad neighbor I just wouldn't want to be liable if some thing were to happen on my section of the lake.


 
I don't see how you would be unless you were involved some how. Both of you have access to the body of water through your property.


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## boehr (Jan 31, 2000)

I don't believe liability in your situation should be of concern. As you describe it I also believe that the typical riparian rights as applied to inland lakes would not apply the same here. Being only a 1.25 acre pond and actually man-made I would be looking at the deeds back to when the pond was first dug and properties split and sold. These type of things could go either way. Since the pond was build then the property under the water is likey owned and taxes paid on the bottomlands with and exact property line to stop anyone from crossing even on the water. Much different for a lake situtation where the riparian owner does not pay takes on the bottomland of a riparian ownership portion of a lake.


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## hungry hunter (Jan 11, 2005)

fill in your 90% put up a fence on the property line problem solved


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