Boundary/Drainage issue regarding pond in MS

[Alacie]

What is the name of your state? Mississippi

My neighbor and I had a pond between our two properties. By survey, my property line runs approximately 10 ft into the pond with the remaining majority of the pond on my neighbor's property. We discussed digging out the pond to clean it up and make it deeper. Now my neighbor has decided that they want to fill the pond in, plant grass and build a shop. I know they will make sure the shop is the right amount away from the property line. But, can they really just fill in the pond because the majority was on their property? I want the pond. This pond was already there when my neighbor bought their land a few years before I purchased my land.

Do they legally have the right to fill in the pond since the majority of it is considered on their property?

I know they can't divert the drainage so that it backs up on my property. I could still keep water on my 10ft but that wouldn't look right. So, I have to spend money to fill in my 10 ft.

I want to know if having boundary lines in a pond is any different than if it were dry land.

 

[seniorjudge]

What is the name of your state? Mississippi

My neighbor and I had a pond between our two properties. By survey, my property line runs approximately 10 ft into the pond with the remaining majority of the pond on my neighbor's property. We discussed digging out the pond to clean it up and make it deeper. Now my neighbor has decided that they want to fill the pond in, plant grass and build a shop. I know they will make sure the shop is the right amount away from the property line. But, can they really just fill in the pond because the majority was on their property? I want the pond. This pond was already there when my neighbor bought their land a few years before I purchased my land.

Do they legally have the right to fill in the pond since the majority of it is considered on their property?

I know they can't divert the drainage so that it backs up on my property. I could still keep water on my 10ft but that wouldn't look right. So, I have to spend money to fill in my 10 ft.

I want to know if having boundary lines in a pond is any different than if it were dry land.

This is an exceptionally interesting question.

I have no answer ... and for that I apologize.


Here is an article about the history of this question (and it has nothing to do with your state):

http://www.michigan.gov/documents/publicrights_22525_7.htm



And here is a case where some folks (not in your state) got an injunction against someone draining a pond.

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=142&invol=254



If no one on this forum has the answer, post back if you ever find the answer, okay? This is intriguing.

 

[John Se]

This is a wetlands:Section 404 permit required

Wetlands fall under the ARMY Corp of Engineers. To work in a wetlands, (even on private land) You need a Section 404 Permit issued by the ACOE.

It is illegal to dredge, drain or fill wetlands or other waters of the united states without a permit.

You will want to inform them of this fact, search for Section 404 permits and educate yourself about wetlands

 

[seniorjudge]

"...Of course, activities that do not involve a discharge of dredged or fill material into waters of the United States never require a Section 404 permit...."

http://www.epa.gov/owow/wetlands/guidance/cwaag.html

 

[Alacie]

I've heard that there might be something called a "Drainage Easement". What exactly is that and how do I find out if there is such as easement? We live in the County, not a City. If the County has a drainage easement through that area, wouldn't they have to get approval to redivert the water or something?

To make matters worse, these neighbors are childhood friends of my husband. We don't want to upset this friendship but we also don't want the pond to disappear. We are trying to find a legal way to resolve this issue without going to court.

 

[seniorjudge]

I've heard that there might be something called a "Drainage Easement". What exactly is that and how do I find out if there is such as easement? We live in the County, not a City. If the County has a drainage easement through that area, wouldn't they have to get approval to redivert the water or something?

To make matters worse, these neighbors are childhood friends of my husband. We don't want to upset this friendship but we also don't want the pond to disappear. We are trying to find a legal way to resolve this issue without going to court.

Drainage easements usually refer to overflow from drainage or irrigation ditches onto neighboring land.

That does not apply to your situation.