Pond Boss Forums INTRO Questions & Observations Legal question...shared pond

The contract is signed and we are inspecting the house on Monday morning. Barring any deal breakers, I will be the owner of a 7 acre property with a 1 acre pond on it.

The question I have is that the pond is rectangular shaped and the property line basically splits the pond in two down the middle of the rectangle. We have the "right" side with the dam on it. The neighbor has the "left" side with the shallower end.

I started reading multiple threads here from people wanting to drain their pond to remove unwanted species or stunted fish. That got me thinking....how does something like this work on a shared pond? Would I have to obtain permission from the neighbors to make any modifications on the pond? Would I have to consult some county gov't office?

Fortunately I'm on the dam end with the spillway but I can imagine that I'd be a pretty upset neighbor if it was the other way around and they drained the pond.

Anyone have any input on this? As the house is a foreclosure, we're really not getting much disclosure/information about the land itself.

Ego, there are a great many pitfalls in joint ownership of a pond. Often they get settled in long VERY expensive court battles.

Considering yourself "lucky" to own the dam may also be a bit premature also. Most fish prefer shallower water instead of the often oxygen deprived deeper waters, especially during the nicer, warmer months. Also, if there is ever an issue that requires heavy equipment to repair the dam, you will likely have to bare the entire budon of the cost or even be forced to make repairs you may not wish to, or be able to afford to make.

Typically if a person owns even a small portion of the water, they have the right to the use of the entire body of water (BOW) irrespective of the boundry lines by boat, but can't set foot on the dry land you own. Gentleman's agreements can appear to be the best, easiset solution, but almost always end in court when properties sell or any bad blood comes up. Building a fence accross the pond often lets you discover how expensive and convoluted property rights disputes can be as well.

Personally, I have an access rights issue on my $55K property that is now in the Appeals Courts and to date, legal fees have cost in excess of $75K plus a trespassing charge for entering my own property that is scheduled for JURY trial this coming February.....This stuff is OUTRAGEOUSLY expensive, time consuming and incredibly frustrating.

If at all possible and you can do anything, get an agreement in writing concering all rights, remedies and responsabilities.


There are some very good attorneys here that may offer other concerns and solutions for you. Knowing and adding your State in your profile will help with any further or more specifice informaation you may seek.

Well put Rainman.. I would really think about this purchase before it's too late.. Basically don't buy the property if your only buying it for the pond.. If you'd buy the property even if the pond wasn't on it then you might wanna buy.. In all honesty I can see any advantages to a shared pond.. (mines shared)

I would run as fast as I could, but that's just me.

One of the reasons I enjoy my own ponds is I don't have to share if I don't want to, and I'm not constrained by what some other property owner wants to or doesn't want to do.

With this being a buyer's market and the record number of foreclosures (just heard 1 million in Florida) I would think you should be able to find your own pond if you're patient.

Someone asked if I would buy the property without the pond. The answer is yes. Shared pond or not, I am walking into about $250k of equity on the property since it is a foreclosure. We are purchasing a 4000 sq foot home on 7 acres with the pond for nearly the same price we paid for a 1600 sq foot home on 1/2 acre when we were fresh out of college years ago.....so yes, pond or not it is a good buy.


The shallow end that the neighbors have is SHALLOW. From the invisible line splitting the pond in half to their end is about 2' deep and you can see the bottom all the way across. Not sure how deep the dam end is yet but I can see atleast 4' deep water around the edges. I would guess it's probably 6'-7' deep max.

Anyways, guess I need to get the know the neighbors first.

Like Cecil stated it's a buyers market.. And ponds can be built for relatively cheap if the circumstances are right.. If you save enough money on a property or find a good deal with just as much equity you could build a badass pond that wouldn't have a shallow end period and would be designed exactley how you want it.. My pond is shared with my father in law basically he's never done anything with it in the 15 yrs of owning it, never fished once! He said it's my lake to do whatever I want and it will be mine when he's gone.. But Rainman can tell you all about a nightmare..

Ego...sounds like a nice place. Post some pics if you can.
I am a fairly new (Feb 2010) owner of a shared lake with
about 8-10 owners. There has been some disagreements on lake
management issues. Some think lake management/stocking/vegetation
control is a waste of money. Others want to get the lake in tip top
shape. There is no HOA, so some of us will carrry the burden. It's
a bit irritating because when we make the fishing great, the one's
that refused will benefit and think "why spend any money the fishing
is great here". The ideal situation would be to own my own, but my
situation with other owners is really pretty good. And I couldn't
afford to build a lake this size. (17 acre)

My suggestion is to buy the part of the land that gives the neighbors a part. If not possible then I would look somewhere else. To many possible problems.

Well, stubborn or foolish, we're moving forward with the purchase. We've had the luxury of surveying the 4 surrounding counties for about 5 months and this is the place we've settled on. We moved down for a corporate relo in July and have been living out of a rental home...I am the Plant Manager at a new plant start up and while working very long hours, my wife has been on a non-stop hunt for real estate. Almost every Sunday for the past 3-4 months has been spent looking at properties. I feel pretty confident we've exhausted our search for properties with a pond within driving range to work and I can't afford to purchase land & build a new one any time soon.

I should also mention that we are from Va and have a strong desire to move back as soon as possible. I have my eye on moving back in 2-4 years and making a profit on the sale. At that point it may be possible to buy some property and build a pond.

Here's a shot of the property line...



Here's a few shots I took with my cell phone while walking the line

Do you have any idea how old the pond is? I'd at least have a plumbing company come out that has a camera on a probe and inspect the steel standpipe and steel pipe that probably goes thru the dam. If it's leaking, you will be looking at an expensive fix. If it's leaking and not fixed, it could cause a leak and blow out the dam, costing even more $$ to fix.

Good idea, thanks for suggesting that.

I guess this will be a "make the best of the situation" scenario.

Shared stuff never works, especially on property, because both sides...

You really have to Love Each Other... and not many people are capable of sharing on the level and responsibility on shared property management.

This scenario puts me back into apartment living with a community pond.

(all it ever had was GSF)

Wow Ego looks like a beautiful setting. Thanks for the pics. Looks like your wife found a nice spot. Good luck with everything. Congrats.

Thanks Zep...seems like everyone else is down on it, which is disappointing but understood. I respect everyone's wisdom here.

Hopefully we can be in & out in 2-5 years and not have any property issues with the neighbors/pond. I'm not looking to make major changes to the pond so if the fish population is stunted, it'll have to be resolved with a cast net or rod & reel.

Also hoping the golf course behind the pond doesn't mind me sneaking onto the 15th fairway in the evenings lol...j/k

If you are not buying it 'for the pond,' I would not give it a second thought.

If it was 'for the pond,' I would walk.

But you've explained your situation, and what you are doing seems logical to me.

What type of plant are you managing? Power, chemical, pulp & paper??

I wouldn’t think twice about it. If you and your wife like the house and property….Buy it and enjoy.

You're welcome Ego. Heck that looks like a wonderful place to me. You got space, you got trees, you got water, you got what looks like from the aerial a very nice house. Who knows maybe your neighbors will be nice folks. I am predicting that all the doom and gloom being implied by others is not going to happen for you. You didn't get to where you are in life by not being able to overcome an occasional obstacle or two. You check back and let us know. Again congrats and good luck!

Ego, I don't think anyone here is as you said, "down" on buying the place. You asked the question if there were any potential issues in having a jointly owned pond...As answered there are many potential problems, many of which can be devastating both financially and emotionally.

Only you and your wife can decide what is best for you and what risks you are willing to accept. THIS choice will simply now be a much better informed one.

If you decide to buy, we all hope you get immense enjoyment from the pond and we will look forward to both helping you to enjoy and enjoying it right along with you when you describe it...If you choose not to buy, you will have the solice of knowing the choice was made with information that is sound.


It's a win/win...that's always a boost for an "Egomaniac" isn't it?

Egomaniac247 as you said go introduce you to your new neighbor. I'd say buy a 6 pack and carry it over and say hi. Heck your neighbor might be absolutely stoked that a responsible person is buying the property and is willing to share in the pond chores.

This could be a great situation. Perhaps the neighbors are great folks. When we first purchased our property the neighbor (who unfortunately lost the house in foreclosure) was a fantastic guy. He always kept an eye on our property and ran off strangers.

FWIW the pond looks fantastic in the photos.

I'd follow esshup's advice and get the plumbing scoped and if possible have a "pond guy" do a quick walk around the pond just to look for any potential problems.

Rainman, I certainly wasn't implying anyone was being negative or anything about the purchase, just that everyone seemed leary of it. I wouldn't have posted it on here if I didn't want to hear the truth from guys/gals who have "been there, done that"

Zep, I am really excited about the property. The home is a very nice brick 2 story with a fully finished basement (w/ wetbar!) and a really nice lot. If you look at the right side of the property, there's actually a horsebarn and about a 3 acre pasture where a previous owner kept horses. Then there's the pond as well as the golf course right behind the property.

I am definitely going to try to meet the neighbors as soon as possible. Hopefully they're agreeable folks.

Sunil, I am actually managing a production plant for a new General Mills site in Ga. "Plant" can be misleading because it's not heavy industrial, rather it's light production.

If the house is primary and the pond is secondary, sounds like it's not that big a deal. Good luck!

Sounds like the Pond "IS" an issue, otherwise it would not have been sought out and posted without concern.

Be Careful! Shared properties never work!

What if they sell or you sell! Someone along the line will get whacked.

If not them, then You, and someone has to complain about it causing more trouble and possibly incurring legal fees.

No doom and gloom here, just reality!

Not sure I'm following your thought JKB? What do you mean what if they sell or I sell then someone will get whacked?

Ego, I think what JKB is saying, with fewer, very blunt words, is just what I had said in my first post after you posed this thread question.

Jointly owned ponds can be a non-issue for most people when the owners are able to discuss any issues that may arise and come to amicable decisions. The "problems" that can often become expensive, angering and frustrating, frequently occur when there is an ownership change.


Allow me to paint a fairly extreme, yet known scenario that applies to your upcoming purchase directly.

Imagine the previous owner got along with the other pond owner and the remaining neighbor was a good friend of the people that got forclosed on. Also suppose that neighbor feels his friend got royally screwed by the bank that foreclosed and is now selling you that property and pond. You may have every intention and even are a "good" neighbor, yet the remaining neighbor has a chip on his shoulder and hates you as much as the USA hated Bin Laden after 9/11....Not hard to imagine the war you could be walking into on day one of ownership.

Granted, this is extreme and probably unlikely, but makes the point crystal clear.

The common scenario is that the original owners got along fine and the new owner chooses to do things "his own way" and royally pisses off the other owner.

Without WRITTEN agreements, it is not a matter of IF a dispute arises, but a simple matter of not knowing WHEN the inevitable dispute arises. Good will and manners are meaningless when someone feels there property rights are being violated...right or wrong don't mean squat, the disputes get real ugly, real expensive and happen REAL fast!!!

Even WITH the agreement, there can be issues that can get ugly.


This is one of those true Buyer Beware's that no one ever expects and is almost always blind sided by the level of anger and expense they create.

I'll bring back up my current $75K+ dispute. I live in Missouri where the State Constitution guarantees access rights. It is illegal to be land locked. After 3 years of court proceddings, depositions, etc. a home town Judge LANDLOCKED us and made it nearly impossible to appeal with a defective order and retired 2 weeks later...clearly as a favor to the defense counsel.....Wrong as it can be, but it is what it is and I am paying double what I payed for the land to a lawyer for no valid reason other than a pissy neighbor.