Legal Question in Real Estate Law in Virginia

Question on partial pond on property and liability

I am consulting my insurance company on this too.

We're considering buying a home on 10 acres that has 1/2 of a pond on

the property. Currently the developers of the subdivision (this is

in NW albemarle county) wanted to make an access easement to the pond

for the whole subdivision (even those not living on the pond) --

essentially the whole subdivision would have an easement onto our

property around the pond.

Our insurance company said NO WAY which is fine by us because we

didn't like that idea anyway. The liability is just too great for

people to be on our property using the pond. We're trying to

convince the developers to either (a) take the pond completely off of

our property (we'd still see it, but would not be liable as it would

no longer be ours), or (b) have the pond completely our private pond.

If the pond is ours, our insurance company says we would have to

fence & sign it because there are still going to be neighboring

houses. The other option is for our 1/2 of the pond as it currently

is would be private and we would have to fence that half off.


Asked on 5/29/03, 1:42 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Question on partial pond on property and liability

Not knowing the size of the pond itself, where within the 10 acres it's located, where it would be in relation to the home building site, etc., and, of course, how "pondish" you folks really are, it's probably not prudent for me to opine on this matter, but I will anyway, and say, if it were me, I'd probably take option #3, i.e., 1/2 a pond, and consider it quite sufficient---- as long as I was sure that I could fence it in such a way as to virtually exclude my possible liability for untoward events which I may now only dimly imagine.

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Answered on 5/29/03, 3:46 pm


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