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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102191
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Two land owners "share" a dam on a pond . the legal survey

Customer Question

two land owners "share" a dam on a pond .
the legal survey shows the line through the pond.
the dam may be 75% -25% BUT the 25% owner holds at lest 50% of water.
owner broke the dam on his side, "thought" it would break.?
He NEVER consulted the other owner of his actions.
Does this owner have any recourse.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Oklahoma applies the reasonable use rule for water drainage. This rule states that a landowner can make "reasonable" alteration to the drainage pattern of his parcel, with liability only occurring when the alteration causes "unreasonable" harm toward neighboring parcels.

I am guessing the dam is manmade. If so, then it can be argued that based on the above, the 25% owner has a duty to maintain the dam. If they do not, then they may be sued for negligence.

However, if the dam is not man made and is natural, then another answer would apply - reply and let me know.

Citations: Iven v. Roder, 431 P.2d 321, 328 (Okla. 1967). Dobbs v. Missouri Pacific R.R., 416 F. Supp. 5, 9 (E.D. Okla. 1975)

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