Legal Question in Real Estate Law in New Jersey

Neighbor draining pond

We own 1/3 of a pond on the back of our property, which backs up to a farm. Our adjacent neighbor owns another 1/3 and the farmer owns 1/3. He is using a very loud irrigation pump, and has almost drained the pond completely. We bought this home in Dec unaware of these issues. How can our neighbors and us restrict the farmer from using the pump continually and draining the pond?


Asked on 8/12/07, 4:58 pm

2 Answers from Attorneys

Re: Neighbor draining pond

First, talk with the neighbor, and the former owner to see if this has been happening in the past. Then complain to the town. If they do not act promptly, contact DEP in Trenton, and retain an attorney.

Read more
Answered on 8/13/07, 9:13 am
Bernard J. Berkowitz Berkowitz & Raiken

Re: Neighbor draining pond

If you are sharing the pond, there should be some agreement that was recorded. It should be part of your title search or policy. In order to answer your question, you need a lawyer to read that agreement. If you can't find it call the attorney who did your closing or the title company. If you need further help, please call my office.

Read more
Answered on 8/13/07, 12:16 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey