If my pond has grown larger due to beaver dam and now a tiny corner of it is on someone else’s property, do they have access to the entire pond?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my pond has grown larger due to beaver dam and now a tiny corner of it is on someone else’s property, do they have access to the entire pond?

We have a pond that has grown substantially due to beaver dam. We own or at one
point owned 20 feet all the way around. Now a small corner of the pond is on a
neighboring condominium property and we’ve found they’re accessing the body of
water that way. This is a dangerous pond if it’s not known to the people who
access it as it’s full of springs where ice never gets thick. We’re very
concerned that since we pay the taxes on this body of water and it’s technically
our pond that if someone falls through or gets injured in anyway on this body of
water, we could be held liable. We have been told to post the property all the
way around but if the condo association now has the pond on their property, we
obviously can’t post there. Do we now have a body of water that they can use
freely even though we pay the taxes and maintain it? Thanks

Asked on December 18, 2017 under Real Estate Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Whoever's land that corner of the pond is on (e.g. the association, if it's on association or common land) can use that part of the pond on their land and no other: the fact that they can access a corner of it does NOT let them trespass onto your land. A good idea would be to post something in the pond, like a tall sign or signs sticking out of the water, just on your side of where it crosses onto another's land warning everyone that 1) the other side of the sign is private property, no trespassing allowed; and 2) that the pond is hazardous if anyone enters/swims in it, they do so at their own risk. Then if anyone is on your land (including your side of the pond), report them to the police as trespassers.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption