Pond Boss Forums INTRO Questions & Observations Shareing shoreline with neighbor

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!