Pond Boss Forums GENERAL QUESTIONS Help Joint Pond Ownership

I bought a home in TN that has a 13 acre pond in the back. There are 3 of us that have property into the pond. My lands runs about 1 acre into the pond. My understanding is that I can legally use the entire pond. Can anyone clarify for me? I have been google searching the answer, but just haven't found anything in writing. Thanks

Welcome to PBF!

If the previous owner did not provide you with a legal agreement between the 3 owners then I don't know. I probably would have figured that part out before buying the land but the deal is done. Since you are making this post, is it safe to assume there is a conflict between you and the other two owners?

There are a few legal gurus on the forum, hopefully they will provide some guidance but I think I would contact a local lawyer and do a quick consult with him, even if it costs a couple hundred bucks, to see where you stand.

Bill D.

I think I would introduce myself and find out what they think.

But, Bills idea is a good one.

Thanks Bill,

The previous owner stated I have rights to use the whole body of water. It was the realtors understanding that that was the way it worked in TN also. I moved from KY and that's how it worked there. I wish there was a written legal agreement, but there's not and I maybe at fault for presuming when I bought the place.

I wouldn't say we have a conflict.The one neighbor in question was nice and said I can fish it, but was rather blunt to claim it his and state I was really only legally entitled to use the water where my land is . I'm not looking to start a feud or be a jerk with him.I think the way someone else had explained it was the state owns the body of water so everyone with property access can use it the whole body of water. I would like to know if TN is different in regards to the law. I don't want to get ran off down the road if I stand correct.

You could set up a feeder and bring a lot of fish into your part of the pond.

The law varies state by state so you'll need to see what TN has defined. I can tell you in IL if any portion of your property touches a BOW you have access to the entire BOW, minus some number of feet from other peoples docks - I don't recall exactly how that one is worded.

That's how most states work as far as I know. I know that Homeowners Associations around here have tried to bypass that law by stating in their bylaws that each homeowner can only fish the lake they share parallel to their shoreline - and then they got taken to court and that was shot down.

But again YMMV - check your state regs.

I share 2 ponds with 2 different neighbors. I believe it to be such that from a boat, you have access to the entire BOW. If fishing from shore, you only have access to your property. I fish tons of streams that back up to others properties and have had the same arguments. They usually don't go far as I legally carry a side arm, lol. State law says that you are not trespassing unless your feet have set foot on actual ground on their property. I can float in inches of water, but if I come across a riffle and have to walk my plastic boat through, I am then trespassing. IMO I would be cordial and invite them over for a non pond related event, party....be more than property share owners. Not pointed to you, but IMO people don't know how to be good neighbors anymore. I come out when I see my neighbor tackling a project by himself and offer my help/tools.

I agree with what you are saying For the Family. I brought over a plate of Xmas cookies with my wife and visited for awhile. I've talked with several realtors and a DNR rep and both agree with what your saying which is also my understanding. I'm easy to get along with and don't plan to bring it up again unless he later tries to run me off or accuse me of wrong doing for no good reason. Thanks

Bassackwards congrats on your new place. Post some pictures when ya get a chance. As far as shared owners...it always goes back to "it depends". Before my current place I had property on an 8 acre pond that shared ownership with around 9 owners. Any owner could fish the entire pond from a boat and most owners would even let you walk their shoreline. The lake was hardly ever fished and used very little so everything was pretty cool as far as fishing. Where we ran into problems is some owners wanted to stock fish and control algae/aquatic vegetation and others did not want to contribute and threatened to bring a lawsuit if we used pond approved chemicals to control the unwanted vegetation and algae. "you're not gonna poison my beautiful lawn"..."the carp will take over"...blah blah". I became disillusioned and decided I didn't want shared ownership...but I certainly think shared ownership can work if you have decent logical neighbors. If you go see a lawyer you may also ask if in the unlikely event another owner's guest/grandkid falls out of their boat and drowns in front of your shore if you could be found in any way liable? Keep us posted. I bet it will work out fine for you.

Given human nature and the litigious society we have here in America, I couldn't ever imagine partial ownership with anyone whom I did not already know personally, for a long time, with loads of trust, and with a lot of conversations well in advance of the joint purchase. And even then ...

Just getting people to work together and agree ... Ha!