Pond Riparian and Easement Rights

[Zigner]

I haven't given anybody an easement. I was just curious as to how to interpret the covenant.

You actually did..."you" being the property you own. It's a semantics thing.

 

[quincy]

I haven't given anybody an easement. I was just curious as to how to interpret the covenant.

Your property documents (apparently) gave the neighbors, whose property surrounds/abuts the pond, rights to access the pond from locations around the pond.

Usually water rights, and the dividing line between private and public property rights, will be up to the high water mark - but you (apparently) have ceded additional rights that extend beyond this high water mark to the surrounding land along the banks of the pond.

Unless the home you purchased was positioned on land declared “common” land (perhaps owned by an association of some sort), there should be a clear delineation between what is private and what is public.

You probably will want to consult with an attorney in your area for property document review and clarification. Again, though, it seems unlikely that your neighbors have rights to anything but “shoreline” water rights. They probably are not given rights to traipse across the property close to your house.

 

[STEPHAN]

Do you have electricity? TV? Internet? Phone service?

 

[quincy]

Do you have electricity? TV? Internet? Phone service?

I don’t believe the concern here is with utility access but rather with neighbor pond rights and how far water rights extend from the pond.

 

[STEPHAN]

There was somebody on his property. He gave rights to other people to be on this property.

 

[quincy]

There was somebody on his property. He gave rights to other people to be on this property.

Well ... yes. But the question is the extent of rights granted to neighbors to use the neighboring properties. The rights to access the pond should not extend too far from the shoreline - unless no one around the pond has any personal property rights.

 

[PayrollHRGuy]

Well ... yes. But the question is the extent of rights granted to neighbors to use the neighboring properties. The rights to access the pond should not extend too far from the shoreline - unless no one around the pond has any personal property rights.

But the OP has no idea, zero, nada who's footsteps were in the snow.

 

[quincy]

But the OP has no idea, zero, nada who's footsteps were in the snow.

Right. But that doesn’t really matter to the question asked (i.e., how much land around the pond can neighbors abutting the pond use).

 

[LdiJ]

I haven't given anybody an easement. I was just curious as to how to interpret the covenant.

The utility companies will have an easement whether you are specifically aware of it or not.

 

[quincy]

The utility companies will have an easement whether you are specifically aware of it or not.

That was STEPHAN’s point, too ... but that is not the question being asked.

 

[PayrollHRGuy]

Right. But that doesn’t really matter to the question asked (i.e., how much land around the pond can neighbors abutting the pond use).

That actually wasn't the question.

 

[Zigner]

That actually wasn't the question.

No, but it is pretty darned close:

I'm a bit confused as to what exactly my covenant considers the easement for pond rights. Is it just for the use of our parcel of land that the pond is on or is it the land around the pond as well?

 

[quincy]

That actually wasn't the question.

The question was about what rights are granted neighbors around the pond, not what rights are granted utility workers.

 

[PayrollHRGuy]

No, but it is pretty darned close:

I'm a bit confused as to what exactly my covenant considers the easement for pond rights. Is it just for the use of our parcel of land that the pond is on or is it the land around the pond as well?

And that had been well answered way back up the thread.

My response was in reply to the fact that the OP had absolutely no idea whose footsteps were around his house.

 

[quincy]

And that had been well answered way back up the thread.

My response was in reply to the fact that the OP had absolutely no idea whose footsteps were around his house.

And, again, that does not matter.