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Joined: Jul 2018
Posts: 18
T
OP Offline
T
Joined: Jul 2018
Posts: 18
Have a situation, the pond I am on is shared between three properties. Two of us own a portion of shoreline say 30% and 15% of shoreline, the third property has the remaining 55% which includes the dam and property on both sides of the dam. The drain pipe running through the dam is collapsing and three different pond/dirt work companies have made the same recommendation, bring in heavy equipment, dig down to the drain pipe and either replace the parts that are collapsing or replace the entire length of drain pipe depending on how much damage there is.

The question is splitting the cost of this repair. The guy who owns the dam and the bulk of the property suggested an even three way split, we all have access to the pond. The property with the smaller shoreline says the owner of the dam is responsible for maintenance and basically said he isn't paying anything. This is the first property I have owned with a pond and am unsure of the way these situations are handled. I think since we all have access to the pond and use it it is fair to split the costs somehow but no sure what that is.

Has anyone faced similar problems on shared water and what is the right way to handle this?

Joined: May 2009
Posts: 5,722
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RAH Offline
Lunker
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R
Joined: May 2009
Posts: 5,722
Likes: 282
I have no experience with a shared pond, but would installing a siphon drain be less expensive? One might ask the uncooperative landowner how much value his place might decrease if the pond were to wash out leaving a mudhole? Not really knowledgeable about legalities of who might be libel if a dam breach damaged property downstream. I do suggest keeping negotiations amicable since your are all neighbors.

1 member likes this: 4CornersPuddle

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