What is the law regarding access to shared pond?

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What is the law regarding access to shared pond?

I own 1/3 of a pond and my neighbor owns the other 2/3. Can I use all of the water as long as I don’t touch his land? Can he legally keep me off of his portion of the water?

Asked on August 21, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

One would need to see the deed and the ownership rights here but common sense says that you would be able to use all of the pond.  If you owned only a third of a house does that mean that you would only be able to access one third of it?  No I do not think so.  It would only relate to your ownership interest.  I would just be a good co owner and be courteous and respectful of everyone's rights.  Good luck.


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