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#85364 - 10/09/05 06:24 AM 6 lots on a pond
broker Offline
Major Contributor

Registered: 08/16/04
Posts: 1979
Loc: Cary, NC
Here is an interesting situation I've recently run into: there are 6 lots on a 5 acre pond and 5 of them have houses built.... and I am working with the owner of one of them.

Turns out that each lots property line runs into the pond... which is man made. I have been told that the owner of one of the houses will shoot a bb gun at anyone who comes onto their portion of the pond if he feels they have crossed his property line that's underwater.

Does he have the right to do that? Who actually owns the water on the pond?
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#85365 - 10/09/05 06:38 AM Re: 6 lots on a pond
MDHomes2Go Offline
Veteran Member

Registered: 09/19/04
Posts: 696
Loc: Montgomery County, MD/DC Metro...
He is a NUT! You can't go shooting at people EVEN if they are trespassing! The next person he shoots at might end up owning HIS house and pond while he cools his heels in a cell with BUBBA.
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#85366 - 10/09/05 10:24 AM Re: 6 lots on a pond
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
It's very possible that each property owner owns a portion of the bottom of the pond.

It's also very possible the BB gun wielding nut is breaking a minor law at best by firing on those he considers to be trespassers on his property.

I believe I would advise your client to consult with a real estate attorney to see how to best deal with the local cowboy.
_________________________
Jim Lee, REALTORŪ, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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#85367 - 10/10/05 12:03 AM Re: 6 lots on a pond
RisingREALTOR Offline
Veteran Member

Registered: 08/17/05
Posts: 701
Loc: Birmingham, Alabama
First and foremost, call the police and let them deal with the psycho. Second is there a homeowners association, or a written covenant outlining common use of the pond? I don't remember the law regarding littoral rights, only riparian rights, however, it is best to contact a real estate attorney anyway, as I'm sure there are differences in state laws.
_________________________
George W. Jackson, IV
Associate Broker, SFR
Keller Williams Realty
"Providing A Higher Level of Professional Service"

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