Private pond access

[Advice Needed Please]

What is the name of your state? North Carolina

My North Carolina property includes a portion of a 6 acre pond of which there are 2 other owners. The pond is divided about equally with the property lines running through the pond. My land is on one end with shoreline on three sides of the pond. It is a man-made pond without any streams flowing into or out of it.

Do I have the right to limit the use of the portion of the pond that is on my land? One of the owners frequently allows people to launch boats to fish the pond via his property. Of course, they spend most of their time fishing in front of my property. In my view the pond in my backyard is a part of my backyard and the people fishing there are trespassing. The law, however, may have a different view.

Before I approach the neighbor with my concerns I would like to know what the North Carolina law says in situations like this.

Are they trespassing on my land, or is it legal for them to be there?
Would it be legal for me to restrict their access to my portion of the pond by erecting a fence through the pond?
Any online reference addressing this subject in North Carolina law would be appreciated.

Thank you

 

[zddoodah]

We have no way of knowing the answers to your questions. No one here has ever seen your deed or the other property owners' deeds or any other relevant documents. Also, are your and the others' properties part of an HOA or anything of that ilk?

And, out of curiosity, how large is this "pond"?

 

[quincy]

What is the name of your state? North Carolina

My North Carolina property includes a portion of a 6 acre pond of which there are 2 other owners. The pond is divided about equally with the property lines running through the pond. My land is on one end with shoreline on three sides of the pond. It is a man-made pond without any streams flowing into or out of it.

Do I have the right to limit the use of the portion of the pond that is on my land? One of the owners frequently allows people to launch boats to fish the pond via his property. Of course, they spend most of their time fishing in front of my property. In my view the pond in my backyard is a part of my backyard and the people fishing there are trespassing. The law, however, may have a different view.

Before I approach the neighbor with my concerns I would like to know what the North Carolina law says in situations like this.

Are they trespassing on my land, or is it legal for them to be there?
Would it be legal for me to restrict their access to my portion of the pond by erecting a fence through the pond?
Any online reference addressing this subject in North Carolina law would be appreciated.

Thank you

“North Carolina is a ‘riparian’ state which means that anyone who owns land adjoining surface water has a right to make reasonable use of the water.” From: https://elinc.sog.unc.edu/who-owns-the-water-part-2-channelized-surface-water/

With these rights, your neighbors would not be trespassing by using the whole of the 6-acre pond and you should not block access to the water by erecting a fence.

But you can check with an attorney in your area to verify.

 

[Advice Needed Please]

North Carolina is a “riparian” state which means that anyone who owns land adjoining surface water has a right to make reasonable use of the water.

With these rights, your neighbors would not be trespassing by using the whole of the 6-acre pond and you should not block access to the water by erecting a fence.

But you can check with an attorney in your area to verify.

Thanks for your response. I have read similar responses online and wonder if this is true in all states and situations.

From my online searching it appears that each state has its own take on exactly what riparian rights exist. Also, the definition of riparian is not clear to me and appears to differ from state to state. Riparian refers to flowing water and littoral refers to non-flowing bodies of water. I have not been able to find how North Carolina views riparian vs littoral and how this applies in my situation. It is likely that laws pertaining to these rights are not codified, thus not easy to "look up", but are taken from case law.

 

[Advice Needed Please]

We have no way of knowing the answers to your questions. No one here has ever seen your deed or the other property owners' deeds or any other relevant documents. Also, are your and the others' properties part of an HOA or anything of that ilk?

And, out of curiosity, how large is this "pond"?

Nothing in my deed refers to access rights to the pond nor are there other relevant documents nor an HOA.

The pond is 6 acres.

 

[quincy]

Thanks for your response. I have read similar responses online and wonder if this is true in all states and situations.

From my online searching it appears that each state has its own take on exactly what riparian rights exist. Also, the definition of riparian is not clear to me and appears to differ from state to state. Riparian refers to flowing water and littoral refers to non-flowing bodies of water. I have not been able to find how North Carolina views riparian vs littoral and how this applies in my situation. It is likely that laws pertaining to these rights are not codified, thus not easy to "look up", but are taken from case law.

All state laws are different.

You are right that water rights are often determined at the court level.

 

[zddoodah]

Nothing in my deed refers to access rights to the pond nor are there other relevant documents nor an HOA.

Then I have no reason to believe you cannot legally do as you suggested.

 

[quincy]

Then I have no reason to believe you cannot legally do as you suggested.

I have a differing belief. Putting a fence up to block access to a portion of the pond seems unwise at best and illegal at worst.

Advice Needed Please, please consult with an attorney in your area before seriously thinking of erecting a fence.

Here is a link to another (albeit older) look at North Carolina water laws:
https://projects.ncsu.edu/ncsu/food_science/arep/waterlaw.html