Pond Boss Forums INTRO Questions & Observations Shareing shoreline with neighbor

I bought a 15 acre property about 3 months ago. The property has two ponds. When it was devided many years ago the property line ran down the side of the pond. The only section of the pond that is not on my property is a small finger that is about 8 feet wide by 10 feet long. Does the owner of that finger have any say in how i manage my pond? If i spend alot of time/money improving the pond will he be able to fish me dry from his bank? Or will he be able to stock fish that he wants? Would i be able to put some kind of fish screen along the property line to keep the larger fish out of the finger? Dont mind sharing the view but not the fish.

Fish Screen? I would dump a truck load or 2 of dirt right there and make me a dam! Let him have his little 8 x 10 Course I am assuming your over flow doesn't go that way. Course he might get a little pissed if you did also. And that could lead to who knows what other kind of problems!!

Have you talked to the neighbor about the pond? Find out what their pond management views are. Perhaps the neighbor would want to participate in a management plan that would benefit both of you.

I assuming that when you purchased the property you knew the pond was on shared property. Have you thought about buying that piece of property from the neighbor?

I think all and all property or water rights questions should be answered by an attorney that practices in this area of law in Arkansas.

Ok JHAP's advice is a little more sound than mine this time! JHAP it's good to here you talk level headed once in a while! Just kiddin:)

Pilot,
Good to see your from AR! I live in NLR but my pond is in Batesvile. Glad to have you aboard!

While not an attorney, I am aware of a couple situations where neighbors share ponds or lakes. Unless specified in the deeds, your neighbor only has rights to access the area that is within their property boundaries for fishing or recreation on the lake. I have seen floats or bouys on several lakes clearly marking the boundary. I am also aware of "brother in law agreements" that existed prior to others purchase of property that have been challenged. You can go to the local county office and probably view your neighbors deed and see what restrictions are on it.

Providing they are good and respectful neighbors and agree to your terms of use (perhaps even in writing), you may consider giving them at least enough area to cast into your lake either on catch and release or with limits you set. Regardless of the boundaries, if you get crosswise with a neighbor that is that close to your pond he can make trouble for you and your fish with or without access permission.

Pilot welcome. First find out what the facts are before you do anything. That means check your title/deeds and his to see what they say. Then find out how long the owners (his and yours) have been using the pond and their arrangements. Usually on private ponds ,absent some other agreement or right ,each owner gets to use his property only. That varies from state to state. There are a number of ways that can be changed (like use , easments , deed provisions and adverse possession).

All good advice so far.

Like JHAP say, I'd be interested to hear what your relationship is to your neighbors. I think that is one of the most important aspects of this situation.

One forward thinking item is to think about purchasing, for a few bucks, the first right of refusal to buy that finger of the pond, and some easement around it if and when the neighbors ever decide to sell.

Thanks guys, thanks for advice. The property with the finger is vacant land that is for sale next to mine. I tried to buy the small section from the owner but they will only sell all 45 acres. I am going to try to buy the finger from the new owner but i was going to get some protection in place before they found a buyer.
Mabe the finger will get filled in with "sedimint" overnight.

After you are clear on the laws and such, damming the finger by making a damn that is within your property line might be a good option as someone had suggested.

I would think that you would not need to make such a decision until after you met any new potential neighbors.

I wonder if your pond is being used as an advantage or buyer's attraction in the promotion for sale of the neighbor's land.

If conflicts start, you might be able to install a "fence" just on your side of the property made of a fine mesh. There a few net companies out there, and netting can be purchased by the running foot.

Water rights and associated property rights with regard to shared waterways can vary greatly from state to state, and many states have pretty vague definitions of those rights to boot.

Some have suggested putting up a fence or installing a dam, and this MAY be a violation of your neighbor's rights if the pond is considered a shared and navigable waterway. Of course, you also could be creating a next door enemy that you'd have to deal with for a very long time. So be careful there.

Prior to talking to the owner, consult with an attorney who practices in your state and has solid experience in property rights and water use issues. I say this for several reasons. First, if you express interest in buying the piece of property, the perceived value of him having that little strip of water goes up greatly. You've now notified him that (a) you value that little strip a great deal and he probably has reason to also (b) he could probably do some things that could compel you to pay an outrageous price for it (c) that he could possibly have a great deal of usage rights that he was previously unaware of (like fishing or boating) and (d) you may be telling him something he has no idea about anyway... as in he may have no idea he even owns that little strip of pond to begin with.

It could get him thinking "hey I should check out what my rights are to access or use that pond" or potentially even worse. It could conjure up an idea to use your pond to water their whole acreage, stock their own fish, water their cattle, put some (name the aquatic invasive here) plant or fish in it, and so on and so forth.

(Keep in mind that I am NOT an attorney, but this is my interpretation of the laws of MO below just as an example for one state)

For instance, in Missouri, a person has the right to float or drive a boat through anyone's property if it is via a navigable waterway (within Missouri's definition of such, which is pretty broad) if they have property that also includes part of the waterway OR if there is a public access or a private access that they have permission to use on the waterway. However, if the land owner owns the land beneath the water, the person could not wade in it as this would be trespassing. They also cannot "dock" their boat or step on the shore of the property owner's land without permission. So if you were in MO, in some instances, another person owning just a tiny piece of land beneath your pond could give them basically the same rights to it as you, virtually carte blanche. Additionally, under the current shared ownership, you could even risk a nasty lawsuit by adding any fertilizers, herbicides or other chemicals to the pond because you are effectively putting the stuff on his property too. For example, a good friend of mine went through a terrible and expensive lawsuit with his neighbor because he trimmed and sprayed a huge, diseased, overgrown eyesore of a patch of raspberries that were hanging on (and bending) the chain link fence that divided the two properties. Bottom line, some of the plants were rooted on the neighbors property, and he had no right to trim/spray them (which she claimed killed them), and she was just crazy enough and greedy enough to take advantage of the situation. The very next year they were back, healthy and productive again, but she was thousands of dollars richer. Go figure.

Again, FIRST find out exactly what your rights and his rights ARE. THEN, decide how to approach the neighbor, or even if you want to, considering the possible risks you could be taking by encouraging them to research THEIR own rights to it. The more rights THEY ARE AWARE OF, the more the price goes up... or the more likely you've now got an unwanted fishin' buddy. Heck, he might decide he loves to jet ski on it while you're trying to have a nice relaxing moment fishing your favorite spot.

Protect your interests by always knowing your legal rights, and his rights, before approaching a negotiation! It is the safest way to reach a fast and reasonable agreement.

Good luck!

Be careful with this thought. Restricting the free flow of drainage water from another property owner is a no-no. We ran into the exact scenario while looking at property in central Illinois. After building the pond, one stinkin' draw would back up water onto a neighbor's property. We learned that this would give the neighbor access to the entire body of water. Fine; I would just push up dirt into the draw on my side of the property and seal it off with a mini-dam. Wrongo...can't restrict the natural drainage of the neighbor's property.

If it is that small and not deep, but more a grassy area for small fish to hide, it may be best just to draw down the water and lower the outflow so it is always dry. Do this before any more discussion and there should not be a problem. Otherwise, there may be some law regards manipulating the full pool for other than honorable purposes.

Pics would help get a, well, picture of the situation. We like pictures.

I sense that all anvers asume a cnflict off intrest, is it really so? or is this youst a general way of thinking?
Can you maybe benefit from your next door neigbour, does he have some valuebale knowhow in pond keeping, that you lack your selfe?
This finger bay or part of land was for sale? but you didn't youse the oppertunetie?
If I was the new ovner of the land I would get prety piced off, if I thought that I was a part pond owner, and instead I realise I bought a conflict.
My best advice is talk to the owner, and get an agreement in a desent way, dont even think abøut dumping any thing or fencing him/her out for a starter, be a good neigbour in your aproach.
I was given an isle in a top clas salmon river with all rights, when I asked to buy it from the owner, 26 years ago. When I asked why his answer was, I can aford it and I enjoy your passion for the fish. And he had always considerd me a good neigbour, so my price for the land was the legal fees making the transfer official/legal

Just be careful how you approach your neighbor. My cousin's pond is about 5 acres. He had problems with one of his neighbors and all of a sudden his pond was populated with gizzard shad.

I have been battling my neighbor for a year, and my pond is not even on her property! She dammed up my outflow, and we have been going round and round with it. proceed with caution. As others have said, neighbors can be around a long time. Or, they can change frequently with each new one bringing in a completely different set of challenges. Document everything and write notes about every conversation you have. People tend to forget what they said or promised with things get heated.

Why not have a friend call the land owner and express an interest in the property and see how the land owner is "marketing" the finger and possible lake use. That will give you an idea of the land owner's feelings.

Well said Randy.

The law on this is going to be state-by-state, and you're going to have to either discuss the matter with a person licensed to practice law in Arkansas, or do a lot of digging yourself into the laws of the state before making any physical changes. You need to know what you can do as far as putting up a net or dam or lowering the water level, and what he can do: can he just access his portion, can he stock fish, can he boat all over?

Other posters have pointed out that letting this guy know that you're worried might cause him to try to gouge you on buying the pond access, or advertise pond access when selling the property. Having a friend contact him and ask about the property is an interesting idea. You might find out whether he is pushing it to prospective buyers and you can ensure that his advertisement of the pond access is in line with what state law allows property owners to do.

Weissguy has it right here. Your next step needs to be figuring out the law, then you can take action.

Paul, hope for the best, but ALWAYS plan for the worst. Even more important to think this way when it involves property! If two people agree on something and one person sells, unless it is in a deed, previous verbal agreements mean little.

Very good advice Rex.