Pond Boss Forums INTRO Questions & Observations Water Level Question

If I raise the water level of my pond so that it reaches the neighbors property, does he have access to the entire pond? In other words can he come into my backyard? If this post is inappropriate for this forum please delete it and let me know please. This forum is a great place for new friends and good info. I don't want to mess that up. Thanks

I don't think there's any problem with the question, Bob.

IIRC in at least some jurisdictions, extending the pond onto your neighbor's property would give him access to the entire pond, including the part that's on your property. Extend it to the edge of the property - I suppose that might as well.

IMHO, this is a situation where professional advice from an attorney handling real estate law would be worth an hour of his/her time - the cost of changing the pond and the liability involved are a lot more money.

Bob,

Not giving legal advise, but I think you will find that he would have access, via the water from his property, to the whole pond. However, if he would step out of the water onto your land without your permission he would be trespassing.

I would keep the water level away from his property as he may have grounds for a lawsuit over your water trespassing onto his property besides the issue above of giving him access to the pond.

Check with your Attorney as there may be other legal issues that could adversely affect your water encroachment onto his land.

Even if the guy was your best friend and you didn't mind him having access to the pond think of the future if something happened to him and a new owner moved into his place and co-owned "your" pond.

Dan

Thank you Theo and Dan. I appreciate your thoughts.

If your neighbor drowns in the pond, who is liable?