Retention Pond Liability

[whataboutbob]

What is the name of your state? Indiana
I share property on a retention pond with 9 other HO's. We have no HO's Assoc in our community, and it has come to light that all of us would be liable if someone were to get hurt, or a child drown in this pond. I cannot get the other HO's to understand the danger, because everyone has the opinion that "No one is going to get hurt", no one has up until now. When th othr HO's allow persons to acces their properrty to fish, it puts my property at risk. How can this be? I can put a sign in my yard, but that does not prevent others from allowing people access, and putting me at risk of a potential lawsuit. I've talked to our towns Senior Planner, and he is the one who says because of our covenants, all of us could be in dnger of a lawsuit should something happen. I want to stop people from fishing there, what do I do? We have no state or town law governing retention ponds, the #2 drowning factor in our state.

 

[shell007]

What is the name of your state? Indiana
I share property on a retention pond with 9 other HO's. We have no HO's Assoc in our community, and it has come to light that all of us would be liable if someone were to get hurt, or a child drown in this pond. I cannot get the other HO's to understand the danger, because everyone has the opinion that "No one is going to get hurt", no one has up until now. When th othr HO's allow persons to acces their properrty to fish, it puts my property at risk. How can this be? I can put a sign in my yard, but that does not prevent others from allowing people access, and putting me at risk of a potential lawsuit. I've talked to our towns Senior Planner, and he is the one who says because of our covenants, all of us could be in dnger of a lawsuit should something happen. I want to stop people from fishing there, what do I do? We have no state or town law governing retention ponds, the #2 drowning factor in our state.

Do you own the land up to where it actually meets the water?

 

[pojo2]

Umbrella policy to cover your own property and let the others worry when or IF something does happen.

If your property line does not extend INTO the retention pond I do not see your liability anyway as it is not on your property.

 

[whataboutbob]

Retention Pond

Our propertry line does go all the way to the water. Because we have no HO Assoc., we are bound by the covenants of the development. (Our addition is 6 years old). According to our Senior City Planner, all 44 homeowners in the addition, those on the pond, and those not on the pond, would be liable in the case of a drowning, or an accident. There are no warning signs, and the laws of a natural lake or pond do not apply. Retention Ponds by their very nature are the most dangerouse water holes, (In liew of gravel pits, and swimming pools) that exist. Unfortunately, there are no "blanket" policies that would cover my land and exclude me from any liability. Every time someone allows people on their property to use the pond to fish, or whatever, we are all at risk. We could have a joint policy that covered everyone, (it wouldn't cost us but a couple bucks a piece a year), but the bozo's I live with on the pond have fought against doing this at every turn. I am looking for a way of preventing personal liability, or stopping everyone from fishing on the pond. So far, all the answers I've gotten here are opinions, not points of law. I need a point of law, no one should be able to do something on their property that puts mine in jeapardy. I need LAW, not what someone thinks.

 

[shell007]

Our propertry line does go all the way to the water. Because we have no HO Assoc., we are bound by the covenants of the development. (Our addition is 6 years old). According to our Senior City Planner, all 44 homeowners in the addition, those on the pond, and those not on the pond, would be liable in the case of a drowning, or an accident. There are no warning signs, and the laws of a natural lake or pond do not apply. Retention Ponds by their very nature are the most dangerouse water holes, (In liew of gravel pits, and swimming pools) that exist. Unfortunately, there are no "blanket" policies that would cover my land and exclude me from any liability. Every time someone allows people on their property to use the pond to fish, or whatever, we are all at risk. We could have a joint policy that covered everyone, (it wouldn't cost us but a couple bucks a piece a year), but the bozo's I live with on the pond have fought against doing this at every turn. I am looking for a way of preventing personal liability, or stopping everyone from fishing on the pond. So far, all the answers I've gotten here are opinions, not points of law. I need a point of law, no one should be able to do something on their property that puts mine in jeapardy. I need LAW, not what someone thinks.

Here is some reading material. It may help with some of your questions and/or lead you to some other sites.

http://www.lewiswagner.com/retentionpond.html

 

[pojo2]

I am looking for a way of preventing personal liability, or stopping everyone from fishing on the pond.

Well the only sure fired way is to MOVE.

I need LAW, not what someone thinks.

Then I THINK you should go see an Atty in your area or MOVE!

An umbrella policy will not relieve you of POSSIBLE (I am not convinced yet) liability but it will put several million dollars between you and a lawsuit.

According to our Senior City Planner

Not the best place to get legal advice.

PS... without benefit of every single document you have concerning this property NO ONE here is stupid enough to give you an exact answer you can take to the bank!

 

[panzertanker]

I need LAW, not what someone thinks.

If that is your way of thinking, then why are you on here giving "advice" (moronic, childish and WRONG advice BTW) about points you have absolutely no idea of???

Stick to finding out the answer to your question...NOT giving advice to accuse someone of "child pornography", tax evasion or code violations falsely!!!

Damn I hate idiotic posters, such as yourself.

 

[panzertanker]

Our propertry line does go all the way to the water. Because we have no HO Assoc., we are bound by the covenants of the development. (Our addition is 6 years old). According to our Senior City Planner, all 44 homeowners in the addition, those on the pond, and those not on the pond, would be liable in the case of a drowning, or an accident. There are no warning signs, and the laws of a natural lake or pond do not apply. Retention Ponds by their very nature are the most dangerouse water holes, (In liew of gravel pits, and swimming pools) that exist. Unfortunately, there are no "blanket" policies that would cover my land and exclude me from any liability. Every time someone allows people on their property to use the pond to fish, or whatever, we are all at risk. We could have a joint policy that covered everyone, (it wouldn't cost us but a couple bucks a piece a year), but the bozo's I live with on the pond have fought against doing this at every turn. I am looking for a way of preventing personal liability, or stopping everyone from fishing on the pond. So far, all the answers I've gotten here are opinions, not points of law. I need a point of law, no one should be able to do something on their property that puts mine in jeapardy. I need LAW, not what someone thinks.

BTW, who mows and cares for this retention pond?

If there is no HOA, what does your survey state your property boundaries are?

 

[shell007]

BTW, who mows and cares for this retention pond?

If there is no HOA, what does your survey state your property boundaries are?

OMG!!

I can't believe I actually tried to help this guy!