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Joined: Oct 2009
Posts: 10
Fingerling
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OP
Fingerling
Joined: Oct 2009
Posts: 10 |
Hi guys,
A friend of mine (Matt) purchased 80 acres of timber last year for deer hunting and recreation. There is a 6-8 acre pond built by the neighbors that is on Matt's land at the upper end. Probably 1/4 to 1/3 of the total water is in Matt's timber. I assume that there was an easement or something created when the neighbor built their pond, they used the local Iowa NRCS to design it. I'm not sure though. Are you guys familiar with water rights? I would assume Matt has the right to build a dock on the shore of the pond as long as it's on his property. Once he puts in a little bass-hunter boat, can he fish the whole thing or only what's flooded over his side of the property line? Does that go the same for the neighbor who built the pond too? Thanks for your help!
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Joined: Mar 2004
Posts: 2,435
Ambassador Hall of Fame 2014 Lunker
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Ambassador Hall of Fame 2014 Lunker
Joined: Mar 2004
Posts: 2,435 |
Hi, I'd wait for the experts to chime in with the facts, but until then, I'll throw out my opinion: he can build a dock on the water on his property, and he and neighbor have fishing rights to the entire lake.
Just do it...
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Joined: Mar 2005
Posts: 21,475 Likes: 264
Moderator Hall of Fame 2014 Lunker
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Moderator Hall of Fame 2014 Lunker
Joined: Mar 2005
Posts: 21,475 Likes: 264 |
You need to talk to an attorney in Iowa/Neb (lands location) for that answer. It varies from state to state depending on real property law.
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Joined: Oct 2007
Posts: 644
Ambassador Field Correspondent Lunker
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Ambassador Field Correspondent Lunker
Joined: Oct 2007
Posts: 644 |
SD - It depends on the state. Your friend should talk to an attorney with solid experience in these matters FIRST. Then, once he is aware of his private property rights, water rights and shared access rights he should try to get to know his neighbor a bit PRIOR to bringing anything up about the pond. If they end up hitting it off, this probably won't be an issue, but if they don't hit it off, things could be a little nasty between the two.
Best approach, make friends... but know your rights BEFORE discussing the matter with the neighbor or taking any kind of action. Even putting the dock out prior to at least having a discussion with the neighbor will probably cause some friction, and that's always best to avoid through solid communication when possible. Shared bodies of water can cause a lot of fights between neighbors and many of those fights could have been avoided through a little better communication between the involved parties.
12 ac pond in NW Missouri. 28' max depth at full pool. Fish Present: LMB, BG, RES, YP, CC, WB, HSB, WE, BCP, WCP, GSH.
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Joined: Apr 2006
Posts: 2,505
Ambassador Field Correspondent Hall of Fame Lunker
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Ambassador Field Correspondent Hall of Fame Lunker
Joined: Apr 2006
Posts: 2,505 |
In Illinois your buddy would have full access to all the water as long as he entered on his property.
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Joined: Apr 2003
Posts: 823
Lunker
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Lunker
Joined: Apr 2003
Posts: 823 |
In Illinois your buddy would have full access to all the water as long as he entered on his property. Same here in IA. That's why you need to be careful how far water backs up from your pond...in addition to lawsuits.
In a lifetime, the average driver will honk 15,250 times. My wife figures I'm due to die any day now...
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Joined: May 2009
Posts: 57
Lunker
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Lunker
Joined: May 2009
Posts: 57 |
Apart from the legal issues, there is no way this type of situation works well without the neighbors getting along. It is time for someone to make a new friend.
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Joined: Oct 2009
Posts: 10
Fingerling
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OP
Fingerling
Joined: Oct 2009
Posts: 10 |
Thanks guys! This is kind of a funny situation where the place in question is a family acreage, and Matt's talked to the Dad who seems cool with everything, but can't get the son (who seems to run the show) to call him back so they can do introductions and hopefully hit it off. Maybe the guy's just really busy, but I figured it's best to be prepared just in case the guy's a weirdo!
Last edited by Str8diesel; 05/27/10 08:46 AM.
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