Failed dam in Martha's Vineyard, Massachusetts

[Robert Donovan]

We own a small property, about 1.6 acres, and a significant portion of that is a pond, of which we own somewhere around 90% of. The pond is man made many generations ago for cattle, which have long since gone. However, the damming of the steam has brought an abundance of of wildlife, and for decades has been the home everything from turtles, otter, heron, deer, hawks, fish, and so much more. However, a few months ago we experience a dam failure, and the failure happened at the end of the abutting owners side of the dam. The problem is that we own about 40% of the dam, while the owner of the 10% of the pond, owns about 60% of the dam, and she has stated that she would like to see the area created by the dam to revert back to a natural state.

My question is this. I own 40% of something which served a purpose, to hold back water, and as a result created a pond. Do I have a right to, whether on at my expense, or jointly, to remedy the broken dam, so that I can restore the dam to its original function, an as a result get my pond back from the mud hole it now is.

Thank you

 

[LdiJ]

We own a small property, about 1.6 acres, and a significant portion of that is a pond, of which we own somewhere around 90% of. The pond is man made many generations ago for cattle, which have long since gone. However, the damming of the steam has brought an abundance of of wildlife, and for decades has been the home everything from turtles, otter, heron, deer, hawks, fish, and so much more. However, a few months ago we experience a dam failure, and the failure happened at the end of the abutting owners side of the dam. The problem is that we own about 40% of the dam, while the owner of the 10% of the pond, owns about 60% of the dam, and she has stated that she would like to see the area created by the dam to revert back to a natural state.

My question is this. I own 40% of something which served a purpose, to hold back water, and as a result created a pond. Do I have a right to, whether on at my expense, or jointly, to remedy the broken dam, so that I can restore the dam to its original function, an as a result get my pond back from the mud hole it now is.

Thank you

Could you place a dam 100% on your property to replace the pond?

 

[Robert Donovan]

Not possible. I cannot touch the break in the dam as it is on her property, and the environmental people are on top of this. In fact, they are telling us to either repair the dam, or remove - both at a considerable expense.

 

[quincy]

Have you thought about purchasing the 60% so you own the dam?

 

[Robert Donovan]

Won't work. It isn't about money - the other homeowner has plenty. Sadly, she is a Trump supporter, and resents our liberal leanings(saw her Facebook rants about us). This is pure spite, and she would never budge, unless forced to.

 

[Mass_Shyster]

You need to talk to a land use attorney. The neighbor may have an obligation to maintain the dam that is containing the water on your land. There may also be wetland implications.

I would start with a call to the Vineyard Conservation Society.

Who are the "environmental people" that are involved?

Also, you can take solace in the fact that Obama's vacation to your island this summer must have driven them nuts, as well as Clinton's vacations.

 

[quincy]

A link to the Massachusetts Office of Dam Safety: https://www.mass.gov/office-of-dam-safety

There is a responsibility for dam owners to maintain their dams "in good operating condition."

 

[Robert Donovan]

You need to talk to a land use attorney. The neighbor may have an obligation to maintain the dam that is containing the water on your land. There may also be wetland implications.

I would start with a call to the Vineyard Conservation Society.

Who are the "environmental people" that are involved?

Also, you can take solace in the fact that Obama's vacation to your island this summer must have driven them nuts, as well as Clinton's vacations.

The town of West Tisbury has Conservation commission - a total of one person in that department, and friends of the other owner.

Yes, I take a great degree of satisfaction from that fact that she is surrounded by in her eyes "commies".

 

[quincy]

Did you have the chance to read the information in the link provided earlier?

 

[Robert Donovan]

Just a bit - I think this certainly would have helped awhile ago prior to the breach. Will look into this further.

Thanks so much - truly appreciate it.

 

[quincy]

You seem to have legal support for having the neighbor repair the dam but you might want to take Stevef's advice and see a land use attorney. The attorney can make it easier for you to navigate the legal waters and help in negotiating an agreement with your dam neighbor.

Good luck.

 

[Robert Donovan]

We'll look into this asap. Thank you all for your valuable input.

Regards

 

[quincy]

We'll look into this asap. Thank you all for your valuable input.

Regards

We appreciate the thanks, Robert. I hope you have success in saving your pond.