Hi all. I'm Dana from southeastern NC. My husband and I own most of a pond that has more complications then we know how to deal with. A few months ago someone unknown tore out the spillway which wasn't on our property, and since then we have been trying to figure out which agency can definitively say what the regulations are regarding the land and stream, and how to proceed with repairs. I had no idea this site existed, and I now have hope this can be figured out!
Hi Dana...welcome to the forum!!
This is pure speculation, but from what I understand, the spillway on your "shared" pond rests on adjoining property owned by someone else. That's a tough situation. In most cases, my understanding is, that individual is responsible for upkeep/maintainance on any portion of the pond that's on their property. If they decided, for whatever reason, they no longer want a pond on their land, they can rip out the spillway and drain it, even if the majority of the pond is on you!
Unfortunately, about the only way to resolve the problem is to build a new dam/spillway on your property. A very costly endeavor, but that would give you complete control over the pond on your land.
I've heard many members here advise against having anything to do with so called "shared" ponds, simply because of issues like this, as well as any management issues that co-owners may differ on. You spend gobs of $$$ on stocking fish, structure and habitat just to have your neighbor invite the entire family over for a fish fry....on your dime.
I hope someone will come on and say I dont know what I'm talking about. Good luck, and please, keep us informed on whats going on.
