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Thread: Legal and/or ethical question.....

  1. #1
    Delta Dufus Big Muddy's Avatar
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    Legal and/or ethical question.....

    A family member and myself, each own an undivided 1/2 interest in a nice pond....for the past 40 years, I have taken care of it, and maintained it, strictly for fishing and recreation....she has never paid, nor offered to pay, a red cent for the upkeep....neither, has the pond EVER been used for irrigation purposes.

    Two years ago, without my knowledge or approval, she allowed her farm renter to pump water out of it for irrigation....I told her that was upsetting the balance of nutrients and oxygen in the water, and was screwing up my fishing, and not to use it for irrigation, any more....the moss and algae has NEVER been a problem, but it is now nearly solid and unfishable because of the low water level, allowing it to flourish.

    Last year, she did the exact same thing, again, and screwed up my fishing....I told her, again, not to do it, and maybe she needed to install an irrigation pump for her renter....those cost money, and she hates turning loose of it.

    So, today, I confronted her, and simply said, "Half of that pond water is mine, and I NEVER want another drop of my water pumped out of it, for any reason, whatsoever."

    We've had other minor disagreements in the past on some other issues, so basically, she told me to go f*^k myself....to which I replied, "It sure will be embarrassing for you, when I go to the courthouse, and get a restraining order against you, for pumping my part of the water out of the pond"....(she works at the courthouse)....her face turned beet-red and stomped away, very mad.

    She's one of the nicest women you'll ever meet....UNTIL, you start talking about her spending any money.

    How the hell do you handle a situation like this???
    Last edited by Big Muddy; 03-20-2014 at 05:21 PM.
    Southern Gentleman

  2. #2
    Administrator Captain's Avatar
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    Purchase her half or sell her yours...
    I'm in a couple of tracts of land like that too. No problem as we both had the same goals. Timber.
    Cut then replant. Leave it for the kids to argue over.

    PS got 65 square bales of hay going into the lease lake I talked to you about Saturday morning. Gonna do that for the next few years and see what happens. I generally have about 300 "bottom" bales I can use each year. So next year will be a big dose.

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  3. #3
    Delta Dufus Big Muddy's Avatar
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    Cap, this pond is the one I mentioned to you Sat....it is totally fubared, and will take me at least three years to get it back like it was, because of her day'um pumping it nearly dry for two years in a row.

    For many years, I had been catching 2-3 pound crappie outta that pond on a regular basis....it's nothing but a quagmire, now....pizzes me off to no end!!!

    And, she doesn't want to sell her part to me, nor buy my part....maybe I can sell my 1/2 interest to some unsuspecting Yankees.
    Last edited by Big Muddy; 03-20-2014 at 05:36 PM.
    Southern Gentleman

  4. #4
    pUMpHEAD SYSOp Thumper's Avatar
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    Sounds to me like someone is overdue for some cut hoses and missing sections of pipe.

  5. #5
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    I suppose this pond is local to your farm and is not one you would want to let go or turn your back on?
    I am assuming the farmer that leases the land is someone you know???
    Cutting "his" water off will not be a popular move. However that said undivided interest is just that UNDIVIDED. She cannot give those assets away unilaterally I would not think?

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  6. #6
    Delta Dufus Big Muddy's Avatar
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    Thump, I know what you mean, but it isn't the farmer's fault....I wouldn't do that to him, anyway....he's got her permission to pump it....he's a nice guy, but I hardly ever see him, and he prolly doesn't even know that the pond is 1/2 mine....and, I'm sure she hasn't told him because he's the type who would have asked my permission.
    Last edited by Big Muddy; 03-20-2014 at 05:46 PM.
    Southern Gentleman

  7. #7
    pUMpHEAD SYSOp Thumper's Avatar
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    Yeah, I guess it's not his fault. I'm assuming she uses the water in the pond as leverage to lease the property ... in essence, selling a portion of YOUR water.

    With all the water we have here, arguments like this come up all the time, usually concerning docks or fences, that sort of stuff ... but it also applies to water rights. I think you mentioned having an attorney friend once. Ask him about littoral rights in Mississippi. There may be a legal way to stop this b/s.

  8. #8
    Administrator Niner's Avatar
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    Yepper, sounds to me like you NEED to get somekindof legal beagle involved. If you have a lawyer friend that would be great. Otherwise, it may cost ya a few bucks to get her to "cease and diciest" (or whatever) from pumping out the pond.

    PLUS....yes, that will effect her a little bit down at the office. "Did you hear that Susie Q has been screwing over her cousin/brother/nephew/whatever????? What a BITCH!!!"

    If she wants to provide the farmer with water, IMHO, she needs to sink a well instead of draining YOUR water from Y'ALLS pond.

    Seriously, bud. Get some legal advice. I am sure you know that's the only "right" way to handle somebody like this. It sounds like she's only interested in herself, and not the "greater good". IF she'd spent time/money/resources on the pond in the past it MIGHT be a horse of a different color. I KNOW I'd be pissed if some dipwad was draining my lake!!!
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