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Rippiarin law in New York. Bought a farm, has a large pond…

Rippiarin law in New York...
Rippiarin law in New York. Bought a farm, has a large pond built by the previous owner for exclusive irrigation of my farm, after 5 years a neighbors grandson is now stating there is a 2 to 6 foot spot in length where the water is on his line a few inches deep making him able to have access for fishing etc. Looks like someone brush hogged and shaped it back. The pond was definitely built for my farm only, I would gladly lower the water level causing the shorline to be exposed and again belong to my farm and fill it in. I am awaiting a surveyor to figure it out. What rights do i have since it was built for this farm exclusively years ago and looks like it was either adjusted by a neighbor or giving them the benefit of a mistake the ability to fix it. Lowering the water level which I control and are only ones using for irrigation would resolve problem.They are challenging neighbors but I want to resove so my family does have to put up with it.
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Answered in 19 minutes by:
4/1/2010
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,440
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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Hello. If the pond was built for your property and shows as being on your property in all of the surveys and maps then it is your exclusive property, period. So long as the neighbors have not been accessing the pond for a period of time that would give them a claim to a prescriptive easement (basically an easement to use property or a pond, etc can be created by adverse possession -- the neighbor would have to have been using the pond openly and without actual permission for a period of 10 years in New York) and it is determined that the pond is completely on your land, you have the right to fill it in and return it to its normal state of being completely on your land.

 

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Customer reply replied 8 years ago

To be clear if a small portion of water, and i am talking an area 2' x 5' and 6 inches deep for discussion purposes was water from my pond can I lower my pond, as i do normally for irrigation and fill my shorline back in to elliminate this issue?

 

Again no one has been allowed use, it does appear like they brushed hogged my property and may have adjusted shoreline, purpose and use of pond is unquestionably mine.

 

Do I have the right to repair now that the water if on their has given them an argument for access?

Again, just so long as this condition has not existed for more than 10 years and you can show that the pond was built for your property and entirely within the confines of your original property, then you should put them on notice (written) that you want them to cease and desist from using the pond for any purpose as it is private property and repair any damage that was caused. This doesn't mean that the neighbor won't try to sue you over the issue, but your case is a pretty good one. Obviously, I cannot tell you with 100% certainty how a court would rule, but your neighbor doesn't appear to have a claim unless he can claim that is has been used for fishing, etc for more than 10 years by him and/or the previous owners of his property (a previous person's period of accessing the property can be tacked on to the person now making the claim).
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Customer reply replied 8 years ago

Can't determine how long condition has existed, will complete survey of area shortly, could say it flucuates based on water levels and rainy season, or shoreline was damaged. Can show pond was built for exclusive use of my farm and has only been used for my farm.

 

I want to repair shoreline so issue of water on other prtoperty does not exist,and closes door on access. Still think the answer is same?

Yes I do.
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,440
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