Q: I have several questions about a land dispute and trespassing so I will do my best to be as clear as I can.
I have about 80 acres of land with a 2 acre pond in Mercer County PA. We own approx. 75% of the pond and the neighbor owns the other 25%. We have never had any trouble with that land owner.
However, he recently sold his land and the 25% of the lake to someone else and it has been trouble from day one. It was vacant land but now the new land owner is building a house on that land. He believes that since he owns 25% of the pond, he is entitled to use the entire pond which we don't agree with. He has 2 kayaks sitting on his side that he and his family now take out anywhere on the pond.
My concerns are what happens if someone from his family is injured or worse on "our" side of the pond. What can I do legally, if there is anything, to stop him from going onto our side of the pond and can I press charges for trespassing if I have video proof of them being on our side of the lake?
A: Your question gives no explanation of a number of facts which may prove decisive. A few of the facts needed: how the 75/25 split in ownership of the pond was initially created and when; whether the pond is man-made or of natural origin; how it is fed, such as by run-off, stream, an underground aquifer; how the county maps describe the pond; its the surface area and depths; whether any title insurance policy has insured your ownership of the pond in the way you’ve described it. I don’t think your question is the type can be answered in a limited Q&A website such as this.
Anthony M. Avery agrees with this answer
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A: You definitely need to perform title searches of both adjacent properties, probably going back to a common grantor. Both present Legal Descriptions need to be compared to establish a Common Boundary if there is one. That Boundary's Corners needs to be monumented , with the Boundary's edge to the water monumented. A Boundary Line Survey will probably be necessary.
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