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Do we have rights to the whole pond????

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meyersfocus

Junior Member
What is the name of your state? Pa
Please help us! Our neighbor has served us with papers stating that we are trespassing on his land. There is a pond that lies half on our property and half on his. We are under the impression that no one owns water so we think we have the right to use the whole body of water as long as we do not touch his land. There is no navigable water that enters or leaves the pond and to further complicate matters the pond was created by a dam that was built in the 50's by the Federal Government for flood control. Are we in the wrong for using the whole pond???What is the name of your state?
 


lcannister

Senior Member
My question would be how have to ticked him off with your usage to necessitate him "serving papers"?

You stated yourself 1/2 is his 1/2 is yours, so just stay on your 1/2.
 

lwpat

Senior Member
Water law varies considerably from state to state and depends on the specific situation, prior usage, etc. What type of papers? Was it just a letter? It is quite possible that he "owns" his half of the lake. A court would have to rule and that will cost both of you $$$.
 

justalayman

Senior Member
this is the best quickest link I could find that is applicable.

http://www.fish.state.pa.us/water/public/faq_public_waters.htm

within the q and a, it implies that basically you have rights to the entire watercourse but the adjacent landowner owns the land beneath (according to his deed description).

This is the typical allowance of laws across the country. If you have land that fronts the waterway, you have use of the complete surface of the waterway.

If he has an arguement with this, ask him to paint a line to demarcate his property across the pond.
 

meyersfocus

Junior Member
my response

Thank you for your replys to my question. As far as the questions for me... The papers we were served with was a "notice to defend for a continuing trespass". We didn't do anyhting in particular to upset him he is just an ass#@*% in general. All we are doing on the pond is fishing (catch and release). Our lawyer has warned us that it is going to cost hundreds even thousands of dollars to fight this but with a baby on the way we can not afford that. So we are going to defend ourselves. Besides the Fish and Game Commission is the any other governing body that may help us find laws allowing us to have full rights to the pond. Please Please Please HELP!!!
 

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