• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

OKLA - right to use pond crossing boundary

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
C

cider

Guest
OKLA

Large pond (5-10acres) ALMOST (<-key word?) entirely on neighboring property. The water is partly spring fed from their side but receives a substantial amount of run off from my side.

The water crosses over approximately 100-200 foot of boundary line, approximately 20 foot onto my property, about 2-3 feet deep at high water. Approximately 50 foot of boundary line, approximately 2-5 feet onto my property, less than 1 foot deep at low water.

Because the water is shallow on my side, debri collects, the land is mucky, and the water stagnant with high algae content.

1. Do I have "right of use" of the entire pond although only "a little bit" of the water is on my land (i.e., can I put in a boat at my boundary line and fish anywhere on the pond, even that majority part on the neighbor's side of the boundary? I could launch a small flat bottom boat with no problem).

2. I am considering digging out about an acre of my land about 8 feet deep along the boundary line where the water crosses over. This will reduce the debri, reduce the muck, and reduce the stagnation and algae. In theory, this new pond extension on my side would fill fairly quickly from runoff from my land, but in reality it will fill immediately from the water in the existing pond. Would I be "misappropriating" the neighbor's water?

I know water laws are complicated, but general advice would be welcome at this point.

Thanks for any help.
 


I AM ALWAYS LIABLE

Senior Member
nextwife said:
Consult with a RE attorney who is well versed in environmental law and agrarian rights.


My response:

I don't think you meant to say "Agrarian":

a·grar·i·an ( P ) Pronunciation Key (-grâr-n)
adj.

Relating to or concerning the land and its ownership, cultivation, and tenure.
Relating to agricultural or rural matters.
Intended to further agricultural interests: agrarian lobbyists.


I think you meant "riparian" or "littoral":

Main Entry: ri·par·i·an
Pronunciation: r&-'per-E-&n
Function: adjective
: of or relating to or living or located on the bank of a watercourse (as a river or stream) or sometimes a lake; broadly : of or relating to or living or located on the bank of a body of water.

Main Entry: lit·to·ral
Pronunciation: 'li-t&-r&l; "li-t&-'ral, -'räl
Function: adjective
: of, relating to, or being property abutting an ocean, sea, lake, or pond.

IAAL
 

nextwife

Senior Member
Thank for catching that! Indeed I did. Long weekend, they are painting inside my house and I must be inhaling a few too many paint fumes.

Oh well, at my age a few more or less brain cells firing probably doesn't make a big difference.
 
C

cider

Guest
Nextwife said,

"Consult with a RE attorney..."
Well...yes, of course.

However, as so many do, I thought I might make use of this forum to... let's see...what does it say at the bottom of the page? Oh, yeah:

"Free Advice forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues."

Prior to taking any action, I will certainly need to "consult with a RE attorney". Meanwhile, advice, anecdotes, or observations from anyone reading these forums who has any experience with a similar legal issues is welcome.


.
 
C

cider

Guest
Hi Homeguru,

re:
You're welcome too.
I'm confused by this statement. Please explain.

Incidentally, do you have any feedback to offer on my original post?

Thanks!
Cider
 
C

cider

Guest
*tap* *tap* *tap* .... hello?...hello?....testing...testing.....this thing on?
 

HomeGuru

Senior Member
cider said:
OKLA

Large pond (5-10acres) ALMOST (<-key word?) entirely on neighboring property. The water is partly spring fed from their side but receives a substantial amount of run off from my side.

The water crosses over approximately 100-200 foot of boundary line, approximately 20 foot onto my property, about 2-3 feet deep at high water. Approximately 50 foot of boundary line, approximately 2-5 feet onto my property, less than 1 foot deep at low water.

Because the water is shallow on my side, debri collects, the land is mucky, and the water stagnant with high algae content.

1. Do I have "right of use" of the entire pond although only "a little bit" of the water is on my land (i.e., can I put in a boat at my boundary line and fish anywhere on the pond, even that majority part on the neighbor's side of the boundary? I could launch a small flat bottom boat with no problem).

**A: no, you only have the right of use of the pond that is solely on your property.
********

2. I am considering digging out about an acre of my land about 8 feet deep along the boundary line where the water crosses over. This will reduce the debri, reduce the muck, and reduce the stagnation and algae. In theory, this new pond extension on my side would fill fairly quickly from runoff from my land, but in reality it will fill immediately from the water in the existing pond. Would I be "misappropriating" the neighbor's water?

**A: yes. Get your own water.
*******

I know water laws are complicated, but general advice would be welcome at this point.

Thanks for any help.
**A: no problem.
 
C

cider

Guest
HomeGuru said
blah blah blah
[quote paraphrased for brevity]

ROTFLMAO: for the love of God, stop! I can't take much more of this hilarity.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top