Pond Boss Magazine
https://www.pondboss.com/images/userfiles/image/20130301193901_6_150by50orangewhyshouldsubscribejpeg.jpg
Advertisment
Newest Members
Hilochee, ccarse, pia-2b, palindrome, sharkfinlake
17,455 Registered Users
Forum Statistics
Forums36
Topics39,190
Posts532,069
Members17,455
Most Online3,583
Jan 15th, 2020
Top Posters
esshup 25,771
ewest 20,733
Cecil Baird1 20,043
Bill Cody 13,836
Who's Online Now
12 members (ewest, xroads, esshup, Paul252013, Pat Williamson, Hilochee, ccarse, Bing, Bolo1187, Jambi, JIMS SVT, BakyBa), 292 guests, and 161 robots.
Key: Admin, Global Mod, Mod
Previous Thread
Next Thread
Print Thread
Joined: Oct 2009
Posts: 10
S
Fingerling
OP Offline
Fingerling
S
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!

Joined: Mar 2004
Posts: 2,435
R
Ambassador
Hall of Fame 2014
Lunker
Offline
Ambassador
Hall of Fame 2014
Lunker
R
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...
Joined: Mar 2005
Posts: 20,733
Likes: 76
E
Moderator
Hall of Fame 2014
Lunker
Online Content
Moderator
Hall of Fame 2014
Lunker
E
Joined: Mar 2005
Posts: 20,733
Likes: 76
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.
















Joined: Oct 2007
Posts: 644
W
Ambassador
Field Correspondent
Lunker
Offline
Ambassador
Field Correspondent
Lunker
W
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, CC, WB, HSB, BCP, WCP, GSH.
White Brook Farm
http://www.tilapiasource.com
Joined: Apr 2006
Posts: 2,505
Ambassador
Field Correspondent
Hall of Fame
Lunker
Offline
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.


Joined: Apr 2003
Posts: 823
M
Lunker
Offline
Lunker
M
Joined: Apr 2003
Posts: 823
Originally Posted By: n8ly
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. frown


In a lifetime, the average driver will honk 15,250 times. My wife figures I'm due to die any day now...



Joined: May 2009
Posts: 57
T
Lunker
Offline
Lunker
T
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.


I subscribe!
Joined: Oct 2009
Posts: 10
S
Fingerling
OP Offline
Fingerling
S
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.

Link Copied to Clipboard
Today's Birthdays
ryanx
Recent Posts
Pest Control around Pond
by esshup - 09/28/21 05:42 PM
Pond Noob Questions
by ewest - 09/28/21 05:36 PM
Hybrid striped bass and walleye, when to add
by FishinRod - 09/28/21 02:06 PM
Texas Pond Issues
by esshup - 09/28/21 12:53 PM
Phosphorus content of fish
by ewest - 09/28/21 12:21 PM
Name That Fry...
by Pat Williamson - 09/28/21 08:12 AM
channel cat spawning habitat
by Pat Williamson - 09/28/21 07:46 AM
Naiad vs chara??
by esshup - 09/27/21 11:39 PM
New pond owner, where to start?
by esshup - 09/27/21 11:31 PM
Continually pumping water to pond to keep full
by FishinRod - 09/27/21 10:32 PM
Death of a Bass with no stomach
by Pond Star - 09/27/21 04:17 PM
Newly Uploaded Images
Naiad vs chara?
Naiad vs chara?
by marlin304, September 26
spreading bentonite
spreading bentonite
by Guppy1, September 20
Hurricanes and wildlife 1
Hurricanes and wildlife 1
by Stressless, September 1
pondr 5a
pondr 5a
by Stressless, August 18
Well fed sunfish
Well fed sunfish
by DNickolaus, August 16
pnodr 4
pnodr 4
by Stressless, August 13

� 2014 POND BOSS INC. all rights reserved USA and Worldwide

Powered by UBB.threads™ PHP Forum Software 7.7.5