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Retention Pond Easment

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whataboutbob

Junior Member
What is the name of your state? Indiana
I live in a community without a homeowners Assoc. I live on the retention pond w/ 9 other homeowners. The easement is a utility easement, people are using this as a public walkway to fish on the pond and trespass on my property to do so, claiming the easement allows them to do so. My plat drawing shows the property line to the water, and from my understanding, a utility easement is for maintainance and utlity co. use only. This use by fishermen and children makes us liable in the case of an accident, all 44 of us homeowners. If a child were to drown, we'd be wide open for a suit. I want to stop any use of our pond that would endanger me for a lawsuit. What do I do? Can I get any sort of legal restraint to stop this?

I am assuming you mean on my property? What about all the other homeowners? They allow some folks onto the pond via their property, but I am still liable if someone were to get hurt. I want to stop anyone from being there.
 
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