Pond Riparian and Easement Rights

[PondJamesPond]

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? It doesn't give a specific easement boundary around the pond (3 ft, 10 ft, etc). I'm not a lawyer, but to me it is basically saying that even if a portion of the pond is on my property, all pond lot owners have access to the pond. However, I don't see where it says that my neighbors can take a casual stroll around the pond on my property.

Here's exactly what it says in our covenant:

"Every pond lot owner, by acceptance of a deed to such pond lot, grants to every other lot owner whose premises abut the pond, full and unlimited riparian and easement rights with respect to that portion of the pond and/or island lying within the boundaries of that owner's lot. The riparian and easement rights granted herein shall be construed so as to allow the free and unimpeded use of the pond(s) and island(s) by every owner of a lot abutting that pond, subject to the conditions and limitations hereinafter established. Every pond lot owner, by acceptance of a deed to such pond lot, covenants and agrees with and for the benefit of every other pond lot owner that he shall not place, erect, construct, or maintain any item of personal property or structure within the boundaries of the pond(s) or upon the island(s) situated therein without the prior written consent of every other owner of a lot which abuts the pond."

Any thoughts or ideas before going to a lawyer?

 

[Ohiogal]

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? It doesn't give a specific easement boundary around the pond (3 ft, 10 ft, etc). I'm not a lawyer, but to me it is basically saying that even if a portion of the pond is on my property, all pond lot owners have access to the pond. However, I don't see where it says that my neighbors can take a casual stroll around the pond on my property.

Here's exactly what it says in our covenant:

"Every pond lot owner, by acceptance of a deed to such pond lot, grants to every other lot owner whose premises abut the pond, full and unlimited riparian and easement rights with respect to that portion of the pond and/or island lying within the boundaries of that owner's lot. The riparian and easement rights granted herein shall be construed so as to allow the free and unimpeded use of the pond(s) and island(s) by every owner of a lot abutting that pond, subject to the conditions and limitations hereinafter established. Every pond lot owner, by acceptance of a deed to such pond lot, covenants and agrees with and for the benefit of every other pond lot owner that he shall not place, erect, construct, or maintain any item of personal property or structure within the boundaries of the pond(s) or upon the island(s) situated therein without the prior written consent of every other owner of a lot which abuts the pond."

Any thoughts or ideas before going to a lawyer?

Your neighbors can take a casual stroll around the pond on your property. What is your problem with it? You also didn't state the name of your state which would be helpful.

 

[PondJamesPond]

Your neighbors can take a casual stroll around the pond on your property. What is your problem with it? You also didn't state the name of your state which would be helpful.

Thank you!!

Sorry, I'm in Wisconsin.

I don't have an issue, I had just recently been given the covenant and just wanted to make sure I understood it correctly. It snowed recently and I came home to shoe prints all over my back yard as close to a few feet from my back door. The prints came from my neighbor's yard through mine and then into the other neighbor's yard. Seems as if one neighbor is taking it to a bit of an extreme.

 

[quincy]

... I'm in Wisconsin.

I don't have an issue, I had just recently been given the covenant and just wanted to make sure I understood it correctly. It snowed recently and I came home to shoe prints all over my back yard as close to a few feet from my back door. The prints came from my neighbor's yard through mine and then into the other neighbor's yard. Seems as if one neighbor is taking it to a bit of an extreme.

Could the footprints have been made by a meter reader or a neighbor child and have nothing at all to do with pond access?

Generally a property owner whose private property abuts a lake, river, stream or pond will cede some water rights to the public, including in many cases a right to access the water, use the water, and use the shoreline up to the highwater mark (where the water leaves a distinct mark on the water bank). But there are several exceptions, including the need often for a private property owner’s permission to cross his land to access the water.

You will want an attorney in your area to personally review your property location and your specific property documents to see what exactly you agreed to when you purchased your property (e.g., rights and restrictions).

Wisconsin’s Department of Natural Resources has a wealth of information on riparian rights, by the way. You might want to read through what the DNR says in the following links:

https://dnr.wi.gov/topic/waterways/documents/OrdinaryHighWaterMark.pdf

https://dnr.wisconsin.gov/topic/fishing/questions/access.html

https://dnr.wisconsin.gov/topic/Waterways/general_info/ohwm.html

Is the pond a man-made pond or a retention pond, or is created from a flow of water from a river or lake?

 

[PondJamesPond]

Could the footprints have been made by a meter reader or a neighbor child and have nothing at all to do with pond access?

Generally a property owner whose private property abuts a lake, river, stream or pond will cede some water rights to the public, including in many cases a right to access the water, use the water, and use the shoreline up to the highwater mark (where the water leaves a distinct mark on the water bank). But there are several exceptions, including the need often for a private property owner’s permission to cross his land to access the water.

You will want an attorney in your area to personally review your property location and your specific property documents to see what exactly you agreed to when you purchased your property (e.g., rights and restrictions).

Wisconsin’s Department of Natural Resources has a wealth of information on riparian rights, by the way. You might want to read through what the DNR says in the following links:

https://dnr.wi.gov/topic/waterways/documents/OrdinaryHighWaterMark.pdf

https://dnr.wisconsin.gov/topic/fishing/questions/access.html

https://dnr.wisconsin.gov/topic/Waterways/general_info/ohwm.html

Is the pond a man-made pond or a retention pond, or is created from a flow of water from a river or lake?

Thanks!! It's a man made pond. Only the property owners who border the pond are allowed access to it. We do not have a public easement for non land owners to use it. The foot prints appeared to be an adult and a child. From what I can see they go through my neighbors yard, into mine, and then into my other neighbors yard. It snowed again and it covered the tracks, so I cannot see if they go all the way around the pond, but I suspect that they did. I understand the easement and the ability for any of the other property owners around the pond to walk along the border of the pond. I was just curious as to what constitutes the boundaries of the easement per the covenant. From what I can see, there is no clearly defined boundary. I would understand like 5 feet from the border of the pond, but to be 30 feet from the border and a few feet from my back door and windows seems a bit excessive. It's not like I walk around my house naked or in my underwear ALL the time, but I do value my privacy. I was just looking for a bit of clarification before nicely having a talk with one of my neighbors.

 

[Zigner]

I understand the easement and the ability for any of the other property owners around the pond to walk along the border of the pond.

What you posted doesn't make any mention of a "border".

 

[PondJamesPond]

What you posted doesn't make any mention of a "border".

Correct, that's why I'm confused. Does it just say that whatever portion of the pond is on my property, which a portion of it is, is free for all other pond owner's use? Or does it allow any other pond owner to walk around on my property also?

I don't have an issue with other owners walking around the pond, which seems to be the way that it's understood with the other pond owners. What I do have a problem with is neighbors walking within a few feet of my house.

 

[quincy]

Thanks!! It's a man made pond. Only the property owners who border the pond are allowed access to it. We do not have a public easement for non land owners to use it. The foot prints appeared to be an adult and a child. From what I can see they go through my neighbors yard, into mine, and then into my other neighbors yard. It snowed again and it covered the tracks, so I cannot see if they go all the way around the pond, but I suspect that they did. I understand the easement and the ability for any of the other property owners around the pond to walk along the border of the pond. I was just curious as to what constitutes the boundaries of the easement per the covenant. From what I can see, there is no clearly defined boundary. I would understand like 5 feet from the border of the pond, but to be 30 feet from the border and a few feet from my back door and windows seems a bit excessive. It's not like I walk around my house naked or in my underwear ALL the time, but I do value my privacy. I was just looking for a bit of clarification before nicely having a talk with one of my neighbors.

Any water rights given the property owners whose property abuts the pond would not include the right to encroach on the private property of the homeowners.

I suspect that the footprints you saw had nothing at all to do with water rights and could instead simply be prints from an adult chasing after a wandering child.

 

[PondJamesPond]

Any water rights given the property owners whose property abuts the pond would not include the right to encroach on the private property of the homeowners.

I suspect that the footprints you saw had nothing at all to do with water rights and could instead simply be prints from an adult chasing after a wandering child.

Okay, that's what I thought as well based on what I read in the covenant. Thank you for the clarification.

The foot prints were right next to each other as in taking a stroll together. There's only two families with kids and the kids in both families seem to be well behaved.

 

[PayrollHRGuy]

Any water rights given the property owners whose property abuts the pond would not include the right to encroach on the private property of the homeowners.

That's not really the case. Any owner of land that abuts the pond can access any land that is the shore of the pond. It is poorly worded and really should have some verbiage limiting how far from the shore that other land owners have access to.

 

[quincy]

Okay, that's what I thought as well based on what I read in the covenant. Thank you for the clarification.

The foot prints were right next to each other as in taking a stroll together. There's only two families with kids and the kids in both families seem to be well behaved.

You might want to get a definitive answer to your question by having the covenant personally reviewed and analyzed by a legal professional in your area but, without permission from a homeowner, other homeowners cannot expect to use their neighbors’ private property as an extension of their own.

 

[PondJamesPond]

You might want to get a definitive answer to your question by having the covenant personally reviewed and analyzed by a legal professional in your area but, without permission from a homeowner, other homeowners cannot expect to use their neighbors’ private property as an extension of their own.

Thank you, I really appreciate it! It hasn't been a problem up until the other day. I'm not trying to be a bad neighbor, but before I mention anything to them I wanted to do a bit of homework first. I don't mind people walking around the pond, but I do have a problem of like you said, treating other neighbor's property as an extension of their own. Thanks again!

 

[quincy]

Thank you, I really appreciate it! It hasn't been a problem up until the other day. I'm not trying to be a bad neighbor, but before I mention anything to them I wanted to do a bit of homework first. I don't mind people walking around the pond, but I do have a problem of like you said, treating other neighbor's property as an extension of their own. Thanks again!

You’re welcome, PondJamesPond. We all appreciate the thanks so thank you.

 

[STEPHAN]

If it is really important to you, put up a camera.

Who else have you given an easement? Utility companies usually have one.

 

[PondJamesPond]

If it is really important to you, put up a camera.

Who else have you given an easement? Utility companies usually have one.

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