My property shares a pond about three quarters on my property one quarter on adjoining parcel.the neighbor has listed it as a spring fed pond. There is a spring located about four hundred feet above the pond but the flow is minimal. About five gallons an hour on a wet year. It slows down during the late summer. I have owned this property since 2004 and have never seen any evidence of water entering the pond from the spring. He has also listed pictures of the pond showing more of my portion of the pond than he owns. My concern is he will sell the property and I would have to deal with someone who thinks he owns more than he does.

If ever there's a new owner (neighbor), then you would have to clearly communicate the property lines. However, it's best to know your state's laws. Many states ceed access to an entire body of water if a land owner has land that abuts to only a portion of the body of water.

Regarding what 'spring fed' means, I think that technically means that the pond is fed water via a spring, or multiple springs. I does not indicate size of a pond, I think.

Thanks for your response. The biggest problem I have is there are lots of marijuana growers around me. It's illegal to remove water from a pond for a grow even if it is entirely on your property. But that doesn't stop some people from doing it. I have spent years and thousands of dollars trying to improve the pond and stop leaks. And it reinforces the thought that it is better to do it right the first time than try to solve the problems later. The neighbor has not contributed anything either monetary or labor to help out. I find it frustrating to see him lie about the listing knowing that I will have to deal with an unhappy neighbor if it sells.

I have no problem with a neighbor having access to the pond as long as they try to remove water from it and they understand that all the fish in the pond were purchased and fed by me and are willing to agree to my plans for the fish in the pond

Are you 'friendly' with the neighbor?

If so, I'd express the concern. If not, is there a listing agent? Maybe send a registered letter to them letting them know that the property is being misrepresented, at least photogenically?

Could you buy a fraction of the neighbor's land that abuts the pond?

I sent an email to the realtor expressing my concerns and what I believe needs to be disclosed to potential buyers. If he responds that should be enough to prove he has knowledge of the issues. If he doesn't I will send a certified letter. I have shown the listing to several long time neighbors that are familiar with the parcel the response from each was " what a f######### liar." Just goes to show that it's hard to trust a lot of people

cb100,

I feel your pain.

I believe sending prior notice to the realtor is an excellent strategy at this point.

The realtor definitely DOES NOT want a legal complaint lodged against them after the sale. The seller probably wouldn't care, but the realtor is not going to hurt their long-term prospects just to sell one property.

At this point, be exceedingly polite in your correspondence. If this ever does become a legal issue, your attorney will greatly enjoy showing your reasonableness compared to the other party's obvious un-truths and failures to respond.

[My wife is an attorney, which means MY legal advice has exactly zero value. I thought we used to have a few regulars that were attorneys, but in many cases it is improper for them to actually chime in.]

I used to have neighbor problems. But, I out lived the #astards.

Also had some issues with the County. Where I have my house was, once upon a time, the stage coach station. That makes it historical but they only have some old timers, now deceased, word on that. Also a couple of rock pilings that look like old time graves that they don’t know about. Actually, I expect it was the old station. I’ve found the remains of too many old rusted out horse shoes and other stuff.

Dave, I think that is pretty cool history.

Outliving the #astards is certainly the best revenge!