Talked to the realtor today and told her my issues. She said "well we have a pond at my house with trees all over the dam!"
I said, I bet there aren't 20 houses below it! She replied back that it has been fine for 60 years, I said, I don't care about the last 60, I care about the next 60 and I don't want a new orleans flood on my hands!
I've made my decision to not purchase it, but I am going to do some additional research just for the heck of it. The creek flows into my 25 acres after it passes through the neighborhood, after that, it crosses a state highway in which it dumps into a big time lawyers 4 acre lake. Not only would the homeowners sue after a dam breach, so would the lawyer after his pond gets all the water! Too many unfavorable scenarios. I'm having an engineer friend that builds lakes go out there for free one day this week. That's another issue :"the current owners said it's all on my dime to get it checked out"
My prediction in the future will be that it will turn into a mud hole. It will eventually break and the owner will not be given permission to re-build due to houses and state hwy... its a shame, because the place is beautiful with rolling hills on each side of it. Not only did it have bass, but it has ducks on it as well.
Will keep you guys posted on what engineer says. Thanks for all that have taken the time to comment on this thread. It's definitely a unique scenario!