I Co-Own a Private Pond and a Public Road Runs Close to the Pond’s Edge, Can the Town Make Decisions on Pond Access to the Public because of its Proximity to the Road?

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“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???”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

You should consult with a property attorney in your area who is also familiar with government property rights.



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Author: House Attorney

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