Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I am one of seven owners of a private pond. It is not on the list of Public Waters owned by the state. We each pay taxes on the land we own under the water. About 25 feet of the pond comes close to a town road. Can the town give public access to the pond using their right of way that falls to each side of the road???”This is a very complicated question, calling into play several areas of law, including water rights, public access rights, and private property rights. Any or all of which may be subject to unique state and local laws.
Question: You should consult with a property attorney in your area who is also familiar with government property rights.
