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Rights to pond

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drdaredevil

Guest
Sorry for this long post but I need some advice.

First off, my name is Scott and I am new to this message board. I live in Illinois, and I have come here today because I need something sorted out. I live in a somewhat rich neighborhood and some of the people are really stuck up. The thing is, is that there is a small little pond located in our neighborhood that my friend and I like to go fishing on. A sign in front of the pond says "NO TRESPASSING, PRIVATE PROPERTY", howevery we know one of the residents who's back yard borders the pond and they said that it was alright if we fished there and, if we wanted to, we could take their paddle boat out and go a little further ways down the pond. All around the border of the pond is about 5 feet of rocks in case the level of the water rises or falls. So my friend and I sometimes go walking along these rocks and end up away from the house that gave us permission. Most of the neighbors that see us in their yard come out and tell us to leave, that we are not allowed to fish there. Yesterday, however, one of the guys on the other side of the pond saw us fishing and was telling us that we are not allowed to fish in this pond because he owned it *blah blah blah* and that the people who gave us permission to fish have no rights whatsoever to the pond.

I know for a fact that the people who border the pond pay certain maintainance fee's and stocking fee's, but does that give them ownership to that pond?

If you can help me out at all, please do, because I do not want to keep on getting in arguements with these people if they are correct and I have no right to be fishing in "their" pond. I realize that walking onto their property is trespassing, but do they OWN the pond?
 


HomeGuru

Senior Member
drdaredevil said:
Sorry for this long post but I need some advice.

First off, my name is Scott and I am new to this message board. I live in Illinois, and I have come here today because I need something sorted out. I live in a somewhat rich neighborhood and some of the people are really stuck up. The thing is, is that there is a small little pond located in our neighborhood that my friend and I like to go fishing on. A sign in front of the pond says "NO TRESPASSING, PRIVATE PROPERTY", howevery we know one of the residents who's back yard borders the pond and they said that it was alright if we fished there and, if we wanted to, we could take their paddle boat out and go a little further ways down the pond. All around the border of the pond is about 5 feet of rocks in case the level of the water rises or falls. So my friend and I sometimes go walking along these rocks and end up away from the house that gave us permission. Most of the neighbors that see us in their yard come out and tell us to leave, that we are not allowed to fish there. Yesterday, however, one of the guys on the other side of the pond saw us fishing and was telling us that we are not allowed to fish in this pond because he owned it *blah blah blah* and that the people who gave us permission to fish have no rights whatsoever to the pond.

I know for a fact that the people who border the pond pay certain maintainance fee's and stocking fee's, but does that give them ownership to that pond?

If you can help me out at all, please do, because I do not want to keep on getting in arguements with these people if they are correct and I have no right to be fishing in "their" pond. I realize that walking onto their property is trespassing, but do they OWN the pond?
**A: how should we know if they own the pond? Ask them for a survey proving that they own the pond or in the case of the nice neighbors, a title report indicating that they own some of the pond or have rights to the pond.
 
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drdaredevil

Guest
They haven't shown me proof but CAN they own the pond? Because it seems to me like they can't. They say they pay for maintainance of the pond, but I also pay taxes for our side of the road to get cleaned, but it doesnt mean I can set up a toll way and start charging people to pass over "MY STREET". I'll ask them for proof next time they say something but I'm just curious whether or not they can tell me I can't fish there, even when one of the residents living there said I can.
 

HomeGuru

Senior Member
drdaredevil said:
They haven't shown me proof but CAN they own the pond? Because it seems to me like they can't. They say they pay for maintainance of the pond, but I also pay taxes for our side of the road to get cleaned, but it doesnt mean I can set up a toll way and start charging people to pass over "MY STREET". I'll ask them for proof next time they say something but I'm just curious whether or not they can tell me I can't fish there, even when one of the residents living there said I can.
**A: you have no idea what you are talking about. Read my post again and follow up.
 

Happy Trails

Senior Member
drdaredevil said:
They haven't shown me proof but CAN they own the pond? Because it seems to me like they can't. They say they pay for maintainance of the pond, but I also pay taxes for our side of the road to get cleaned, but it doesnt mean I can set up a toll way and start charging people to pass over "MY STREET". I'll ask them for proof next time they say something but I'm just curious whether or not they can tell me I can't fish there, even when one of the residents living there said I can.
It is as HG said above. We don't know who owns it. If they don't own the pond then you would be trespassing.

It's not like a lake that has no access to it; you may access lake through private owners that may allow you away in, unless the lake is privately owned. If the neighbors you got permission from use it, they may have permission. They wouldn't be able to give others permission though.
 
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drdaredevil

Guest
HG: I have not asked the people who told us to leave for papers stating that they own the pond/own rights to the pond.

Trails: So, what you are saying is that, if the people I am friends with have rights to the pond, they cannot give me permission anyways to fish there?

Sorry if I am not all up to speed. I am only 15 years old.

I was under the impression that you cannot own ponds and that your property is only dry land.
 

Happy Trails

Senior Member
drdaredevil said:
HG: I have not asked the people who told us to leave for papers stating that they own the pond/own rights to the pond.

Trails: So, what you are saying is that, if the people I am friends with have rights to the pond, they cannot give me permission anyways to fish there?

Sorry if I am not all up to speed. I am only 15 years old.

I was under the impression that you cannot own ponds and that your property is only dry land.
Sorry if that was confusing. No, what I'm saying if they do not have ownership in the pond. They may have permission from the owners to use it.

Read HG's post again.
 

Ciarraine

Member
It's absolutely possible to own a pond or other water property. IF the owners of the home who gave you permission to access their land to use the property own or even rent the property and the property includes rights to the pond, you are a guest and have what the law calls "License" to use the pond from these people. It's possible that elsewhere, say in Home Owner's Association Rules & Regulations, that the owners are giving you a permission they aren't allowed to. But that's their problem more than yours. Your answer to someone who disputes your ability to fish on the lake is "I have permission from X, who tells me they have an ownership in the pond." If that person disputes this, they should take it up with X. In the meantime it's reasonable to assume that you may be a guest of someone who told you that they own a property and you may be their guest, provided you have no real reason to think this person is misleading you. Even if you are technically trespassing, you've done what is reasonable and though you might be hassled for it, you're really unlikely to face any consequence larger than aggravation.
 
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drdaredevil

Guest
Thank you, Ciarraine, that really sums it up a lot. I appreciate everyone's posts and again, thanks.
 

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