Pond on the property line?

[ByronBob]

My neighbor comes to me with an idea. The lowest spot on the property is on the line between us. He has a pond but it's on a higher spot.

He says we've been thinking about filling the pond in. And with the low spot being where it is, maybe we could dig one on the line and use that fill to fill in mine. Split the costs 50/50

This would help me with water issues but where does liability come in if at all??

Looking for input from the TBN family.....

 

[gordon21]

Let me get this straight. Your neighbor wants to give you half a pond?? This creates the most perfect boundary ever between two properties and all he wants from you is some fill that would come from the bottom of the proposed pond? I would jump on that deal in a heartbeat. The old saying says "good fences make good neighbors" and believe me that saying is 100% true. Your "fence" would be in the middle of a pond and the shore line is another 20-200' away from that?? My vote is to do it and spend a couple hundred dollars on diesel if needed to get it done. He gets rid of a high elevation pond. You get a pond and any significant water table change would certainly benefit you, not him. Plus, with an investment of under $350, you now have your own water supply for irrigation. A pump, lake strainer, PVC etc are really cheap. Depending upon your location, you might also get some ducks visiting. This sounds like a win-win for everybody.

 

[Harleymsn]

Bob, my biggest concern would be the fact that you are in New York State! Better talk to 5 lawyers, 4 insurance agents, 3 building inspectors, 2 DEC officials, 1 property tax assessor and 1 good accountant.

 

[ByronBob]

Gordon our lot line is 1000 feet long. We have nothing between us now so although I like the thought of boundries it really wouldn't matter. /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

 

[gordon21]

Southern states used to have programs to help pay to create ponds in the Atlantic flyways. Do you have something like that in NY? If so, the state or feds might help pick up part of the cost of building the pond if they are convinced ducks might stop by your place twice a year. Grant money, free use of bulldozers or tax credits. It is well worth asking. There are so many ways to get free money from government if you do the research and learn.

A 1000' property line. I am so jealous.

 

[jwstewar]

Two things that would concern me, would be liability and maintenance. What if your neighbor lets someone use his "half" the pond, but then they get drunk and wander to your side and drown. Who is liable? Or if it isn't a drunk, what about a kid? Second, would be chemicals and such if needed to keep it clean. I know not all ponds require this, but some do. Does the area have a natural feed to it? If so, what about an overflow area?

 

[Buck]

You said it. Thanks for supporting us repressed people in a state where individuals exist no longer.

Contrary to popular belief, NYS is quite nice when it comes to outdoor living. We do have a POLITICIAN infestation problem; invading and overtaking many of the natural habitats of the ****-sapian.

 

[DUMBDOG]

The neighbor comes to you and wants to move his pond and have you pay half the cost of doing this plus use your dirt to do it. /forums/images/graemlins/confused.gif

A pond is not going to be much of a property marker on a thousand foot line.

 

[gordon21]

ByronBob: How big is this pond? Maybe I wrongly assumed this thing is a few hundred feet wide by at least that long. 1-3 acres?? To me this would be a great boundary. Your neighbor can't get any closer than a couple hundred feet from the actual border. YOU can't do it either. That creates a huge buffer between you. Maybe I lived in Florida too long where any lot over .3 acres is considered BIG. My employees come by my .5 acre and view it as huge compared to their lots. I actually had one home in the Florida keys where the LOT was 2550SF. It had a teeny house, a driveway and a small back yard. 3 couple houses later I now have 17,500SF. I probably view privacy far more than some of you guys.

 

[riptides]

I don't really know anything about water rights and easements. But you know the horror stories on property lines in these forums.

One of my neighbors back when had this shared pond. It became an issue with maintenance years after it was installed. For some reason it changed the water table and spring fed spots popped up throughout one neighbors yard. Then came the invasion of wanted/unwanted plants. Then came the disposal of dredged silt.... then came the invasion of the geese (pests around these parts).

I don't know how they resolved the color issue on St. Paddies day, it didn't go over too well.....

Anyway......

-Mike Z.

 

[dmccarty]

ByronBob,

There is an old discussion on TBN where the TBNer had is house on a lake that was owned by himself and a neighbor. The TBNer sold out and moved because the neighbor would put a boat on the lake and float over to see/spy at what was happening at the TBNers house.

Not sure if this would a concern but there it is. Would he or you care if you put in boat and use the others part of the pond? Or went swimming?

My two cents is to say no. There are just too many problems with property lines, easements, and shared responsibilities.

Later,
Dan

 

[Bird]

Obviously, shared ponds and lakes work well for a lot of people, but it's not something I'd really want to be involved with. I figure the neighbors who share one need to be pretty good friends, and they may be, but what happens if one sells his property some day to someone you don't get along with?

 

[ByronBob]

I remember the horror stories which is kinda why I asked. The neighbor keeps to himself so I wondered what to do?

 

[Unclebuck257]

Like has already been said, whether or not something like this works really depends on the people involved and that can change with a property sale.

For example, we have two stock tanks (ponds) on our place, and the large one is about 100 yds behind our home. Now, I'm a hunter, but I do not hunt, nor do we permit hunting on that tank even though it's gets covered with ducks during certain times of the year. We have our reasons and don't care if anyone else agrees or not.

If I had to share that tank with a neighbor and he wanted to hunt ducks from his side, I'd be REALLY PO'd!! In fact, when I bought my place, I purposely bought some additional acres to include the second tank so I had total control over both.

ANYTHING either of you would do to their "half" of the tank would affect the other half, no matter what it was! A bad neighbor could have REAL NEGATIVE AFFECTS on the ENTIRE tank.

What if you stock the tank and your neighbor's kids/family and friends, and their friends, fish in it all the time? You pay and they play!!

I can just see way too many POTENTIAL problems ahead with the right/wrong circumstances coming up! I think it's a bad play and I wouldn't do it.

 

[chucko]

unless done right you could have a nice mudhole or skitter farm before long

 

[SPIKER]

if it were me, I would think good about it, but also get stuff in righting, plane ole english to none of that lawer crap. spell out useage, (he would have rights in ohio to use the perminiter all the way around the pond not just on his half) also spell out only family visitors on pond if any. kids to be 100% watched by the owners of the kids ect.

now that being said, tell ihm you would go higher payment percent say 70%, if the lake/pond is 100% on you're side and he gets the dirt. you get the water...

anyhow got to fly
mark

 

[deere755]

A friend of mine has a neighbor who built a pond or lake its about 10 acres of water and floods his and one other neighbors land. My friend talked to an attorney before buying the land and found out he could go anywhere he wanted on the pond as long as he didn't step foot on anyone elses land. The way it was explained to him was that you own the land but not the water, so anyone from the other owners land can come on your property as long as they stay in the water. He says the worst part about it is some times in the early morning there are fisherman in his back yard as the pond comes up with in a few hundred foot of his house. Something to think about if you go along with this.

 

[ByronBob]

My wife thinks I'm overreacting with my concerns. /forums/images/graemlins/frown.gif /forums/images/graemlins/frown.gif

 

[BigEddy]

To me it's simple - would you spend money to put in a pond? Is it worth your investment. Would you prefer to spend your money on somthing else? Are you gaining by this? And is the neighbour someone you can work with?

If you think you'd like the pond, and you're willing to spend the money, then with a little discussion you can come to a workable agreement. Who designs it, who pays for what, who manages the work, when the job is "done". All those kinds of things need to be resolved. Now if you and your neighbour are on good terms and deal well with each other, then these kinds of things can be done over a beer and a handshake. If on the other hand you and your neighbour do not get along, then any shared project is liable to turn into a disaster and end up in a long term fence war where you feel like you were suckered. Especially if he considers the project done, and you're left with a rutted mess.

I don't know you or your neighbour. I would not hesitate to do the same with one of my neighbours - we just see eye to eye on things. On the other hand - there are others I would never even consider working with - just would not work out.

Here in Canada - I'm no where near as worried about the liability issues as I am about my ongoing relationship with my neighbours.