hoytshooter09 Posted April 10, 2014 Report Share Posted April 10, 2014 We own 12 acres with a 12 acre lake on the back side. the lake is on a total a three property's the property that owns the dam side and the back half was just sold to a new guy. we have lived here for 15 years with no problem with any neighbor. The guy had his property surveyed and majority of the lake is on his property but we went to talk to the guy and he immediately showed he had no interest in working together or sharing saying he spent to much money on the place to have to share the lake with two other people. He also said he was gonna run cable over the lake to block off his portion. Well the other day me and my brother were out on my john boat tryin to catch some pretty spawn crappie enjoying something we have had for 15 years. Well the guy drove down to the lake when we were on it and let's say he wasn't very nice I can't say but maybe 10 words of what he called us even said he was gonna get his gun and shoot into the lake and that was gonna be our warning! Eventually he called the sheriff and they said they would get back to us. He called me the next day and said we only have rights to where our property ends. But in our deed to the house and our other neighbors deed it clearly says that we have rights to the entire lake. Unfortunately not every one is willing to share and this matter is probably gonna end up in court. Hopefully we win but I don't think we r gonna be friends with this neighbor. Quote Link to comment Share on other sites More sharing options...
RangerClay Posted April 10, 2014 Report Share Posted April 10, 2014 hoytshooter09 said: Well the guy drove down to the lake when we were on it and let's say he wasn't very nice I can't say but maybe 10 words of what he called us even said he was gonna get his gun and shoot into the lake and that was gonna be our warning! . That is a threat and assault and you have a witness. I would call the sheriff RIGHT NOW and have him arrested. Plain and simple. When the sheriff shows up, show him your deed, have the rightaway clearly highlighted. Take the highroad on this one!!! Don't wait for something bad to happen to you. It's not your fault that he is a moron and didn't read his deed properly. The time for being neighborly is over, now go on the offensive. Quote Link to comment Share on other sites More sharing options...
RangerClay Posted April 10, 2014 Report Share Posted April 10, 2014 If you are really brave, go back out in the boat. When he comes out with a gun, take pictures. If he is stupid enough to shoot the gun into the water, that's jail time for him. Quote Link to comment Share on other sites More sharing options...
hoytshooter09 Posted April 10, 2014 Author Report Share Posted April 10, 2014 Talked to the sheriff when it happened he asked if he brandished a gun which he didn't but he took our statements down. Quote Link to comment Share on other sites More sharing options...
RangerClay Posted April 10, 2014 Report Share Posted April 10, 2014 hoytshooter09 said: Talked to the sheriff when it happened he asked if he brandished a gun which he didn't but he took our statements down. I hope things get better. Don't let him deter you and keep us updated. Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted April 10, 2014 Report Share Posted April 10, 2014 Sounds like a real jerk. Not much fun having property owners like that around. Would not call him a neighbor. Might not hurry to talk with am attorney. Agree with Joe be sure the sheriff is aware of the threats so when anything might happen they will have record of his threats. Quote Link to comment Share on other sites More sharing options...
stevebeilgard Posted April 10, 2014 Report Share Posted April 10, 2014 i believe you are entitled to use ALL the lake. it's the "navigable waters" part of an act. it started when farmers/ranchers would close off a river, not allowing boats, rafts, or fishermen access to their "private" ranches. the courts said if a boat would float on it, or you could walk it, it was not a part of the farm/ranch but was community waters. you CANNOT step on dry land, above high waterline, but you can walk/float any water the boat will fit. short point is, he is wrong and you have a 1/3 interest in that lake. check with the local law, of course. but you can actually open a travel lane on your property, and allow the PUBLIC to fish that lake. perhaps just a jab at him, but in no way does he own the waters and his property, by federal law, ends at the high water line. yours does, also Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted April 10, 2014 Report Share Posted April 10, 2014 Pretty sure Steve is right on this, but don't know if laws vary by state. I do know here that a body of water such as a creek or river that has shared property on either aside you can legally float the water, so long as you do not have a motor all is good Quote Link to comment Share on other sites More sharing options...
smha6784 Posted April 11, 2014 Report Share Posted April 11, 2014 Ahhh, being from the south and all the marsh hunting and fishing, I've been thru this before. Many times too many times. People own/ lease land and think they own the water and can restrict access. Not true by federal law. Quote Link to comment Share on other sites More sharing options...
Ravin R10 man Posted April 11, 2014 Report Share Posted April 11, 2014 Styeve is correct..if you have "Access to the water, you can fish the ENTIRE body of water, property rights only keep people out if he would OWN the entire tract around the lake. Quote Link to comment Share on other sites More sharing options...
dbHunterNY Posted April 11, 2014 Report Share Posted April 11, 2014 sounds like a jerk to me. hope it works out. I can't see why it wouldn't as long as you keep your cool, think things through, and stay in contact appropriately with the sheriff. Quote Link to comment Share on other sites More sharing options...
archerjg Posted April 11, 2014 Report Share Posted April 11, 2014 The others are right about it being shared property. The best would be to consult with a land right/use attorney in the area that is familiar with the rules and laws in that county. we went through the same a few years ago and it ended in court. Archerjg Quote Link to comment Share on other sites More sharing options...
Tominator Posted April 11, 2014 Report Share Posted April 11, 2014 Hoosier might know better, but I agree with Steve, you need to look into the riparian rights and laws that govern your state. Quote Link to comment Share on other sites More sharing options...
hoosierhunter Posted April 12, 2014 Report Share Posted April 12, 2014 Tominator said: Hoosier might know better, but I agree with Steve, you need to look into the riparian rights and laws that govern your state. No idea on Missouri, but in Indiana you do own the water per say. If my property lines run I to the lake I can legally stop someone from fishing on my property. I only know that because I've been on the short end of that. If it were public water the story is different, but this sounds private. Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted April 12, 2014 Report Share Posted April 12, 2014 May want to do a little research to see if riparian rights would apply to lakes and ponds, was thinking they applied to rivers streams and creeks, "naturally flowing" waters. Quote Link to comment Share on other sites More sharing options...
redkneck Posted April 12, 2014 Report Share Posted April 12, 2014 Just use some rotonon but only in your part of the lake! Lol Quote Link to comment Share on other sites More sharing options...
hoytshooter09 Posted April 12, 2014 Author Report Share Posted April 12, 2014 I believe Hoosier is right on the water on our property the only thing that is helping us is its in our deed to the property that we have rights to the entire lake I also believe its in his deed as well he probably didn't take the time to read that part though. Quote Link to comment Share on other sites More sharing options...
Ravin R10 man Posted April 12, 2014 Report Share Posted April 12, 2014 (edited) second to last paragraph page 30 he has no claim on the lake; if Im reading this correctly; and further on as I read, land owner has no claim to water as "HIS" https://www.dnr.mo.gov/pubs/WR51.pdf Edited April 12, 2014 by Mathews XT Man Quote Link to comment Share on other sites More sharing options...
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