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  #1  
Old 02-09-2016, 10:37 AM
samckitt samckitt is offline
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Default Question about shared lake between different property owners.

Not sure where to start on this. I bought a house back in June that has a lake on the property that is shared between multiple property owners. I own what is in the red, but the dam is owned by the owner of what is in blue. That property is for sale & belongs to someone in NY state. Sometime around October, the drain valve or drain/overflow pipe started leaking & now lake will not hold water. Since the dam isn’t on my property, are the owners responsible, legally can I do anything if they don’t want to fix it (Since the lake was one of the selling points I like), is the expense to fix it shared among the properties that share the lake?



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Old 02-09-2016, 10:54 AM
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ol'George ol'George is offline
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Big bag of worms only lawyers/courts will sort out.
The EPA seems to now think they have jurisdiction of "waters of the usa"
if your have a wet spot in your lawn after a rain they now have jurisdiction, ---bastards.
might be best if it goes dry completely.

http://www.epa.gov/cleanwaterrule/de...lean-water-act
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Old 02-09-2016, 10:58 AM
J-Mech J-Mech is offline
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I really don't think this forum is the place to ask this. Talk to a local lawyer is probably your best bet. All your gong to get here is 27 opinions from people who likely are just giving an opinion.
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Old 02-09-2016, 11:00 AM
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I would try to find out who put the dam in, if it was done by the government then I think it would be there responsibility to fix it but then again they might not care enough to fix it. You may want to contact fish and game and have them come out and take a look, in most cases its illegal to build or drain a lake as its considered a wild life refuge and they will be able to tell you what needs done and who's responsible.
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Old 02-09-2016, 11:19 AM
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Shrewcub Shrewcub is offline
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I agree with the others, but in my opinion, that is a pond not a lake.
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Old 02-09-2016, 11:25 AM
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Cub Cadet 123 Cub Cadet 123 is offline
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I may be able to address this concern. I know quite a bit about the law, since I have been arrested in several different states.....often the state of confusion.

No, seriously, first....do you have a homeowner's association? Some neighborhoods do and it addresses situations like you have described and your HO agreement addresses the cost for maintenance and repairs of such things. If the answer is no, then you should be able to take a trip to your local courthouse and go to the building commissioners to look up when this was installed, who installed it, and who has legal rights to it. If you purchased your place for this reason, then chances are that your neighbors did, as well. If everyone with adjacent properties benefit from this asset, then if you could appeal to them to share the cost of repair and assess each a fair apportionment of said cost. You might also check your paperwork or information provided by your realtor. They have statements about homes that they must substantiate in a court of law, if necessary.

My advice is to do some investigation into the matter first. Check with your local building commissioners as a start and then go from there.

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Old 02-09-2016, 11:50 AM
green 4 acres green 4 acres is offline
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Not sure ...but looks like a good time to doze out the silt,
he, that other owner may have caused the leak on purpose? So the "lake" could be taken out ,as once its there its a watershed for
wildlife
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Old 02-09-2016, 12:09 PM
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I would in the dark of night fix the problem.
And then deny any knowledge of who fixed it.
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Old 02-09-2016, 12:55 PM
samckitt samckitt is offline
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We dont have a home owners association.

The neighbor & I were talking one day & he said "If I had a stick of dynamite I would blow it up", so it has crossed my mind that he had a hand in it, but I dont think so.

Pond/lake, whatever.

The owner of the blue (dont know if it is current owner), built it. Land used to be a cattle farm.

Thought about fixing it myself, but I dont have anything big enough to move enough dirt to plug it before it washes away again.
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Old 02-09-2016, 01:28 PM
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You appear to be in Virginia,,, Rainbow Forest Dam is in VA,,,

http://www.roanoke.com/community/bot...253b873a7.html

This issue has been going on for years,,,

Maybe you are in a similar situation,,,

Google away!!
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