Dividing a 42 AC tract between Heirs. Each Heir gets a certain amount of acreage. There is a 2.5 Acreage pond on the site. To divide the land with the acreage each are suppose to get certain amounts. It puts two of the heirs having a new line splitting the pond. I had an attorney tell me one time making a new line across a pond brings up liabilities concerning the pond. These all family members now but any one could sell down the road. Just your thoughts?
What liabilities? Lot's of properties have boundaries that run into ponds, especially in the northeast. There are many reservoirs and ponds with outlets dammed to raise the water level. The fee ownership to the land under the water can be very simple, or very convoluted. Many of these ponds allow public access for boating, fishing, etc. Use is "at your own risk". Not sure what liabilities this attorney was worried about.
I recommend that a recreation easement be recorded between owners sharing a pond. I have dealt with several that started out fine between relatives or friends but when ownership changed the use of the pond become contentious, even to the point of buoys marking the boundary and lawsuits.
I had an attorney tell me one time making a new line across a pond brings up liabilities concerning the pond.
Maybe if someone drowns in the pond it becomes a mess of who's responsible or something, but that seems like kind of an extreme scenario.
My thoughts were on the same line as kscott and I may advise to my clients who are cousins they may want to discuss some short of easement with their attorney if either decide to sell. I don't have much choice to put the new division line over the pond if they want equal acreage. Possible if one wants the the pond the other can take less acreage and monetary compensation can come into play. Anywho thanks for your thoughts.
If the pond was created by a man-made dam, there could be liability if the dam bursts. Even if it doesn't burst, there may be regulations requiring periodic safety inspections and engineering studies. If there aren't any such requirements today, there could be in the future.
Maryland issue with a pond/lake damn needing repair and the state is going after the neighbors that "enjoy" the pond but don't own it.
and an update:
No doubt water rights in Maryland are way different than in the west.
But, here the state would breach the dam and the issue would be resolved.
A backhoe after the reservoir is drained as much as possible.
Letting trees grow on a dam is a no-no, a big red flag.
If no one owns the reservoir then there isn't anyone to complain about breaching it.
Here the state owns all the water, storage can be privately held and sold, but that's only for impoundments which are highly regulated.