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Two land owners "share" a dam on a pond . the legal survey

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two land owners "share" a...
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
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Answered in 6 minutes by:
5/31/2016
Real Estate Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,930
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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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)

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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