Can You Run a Property Fence Through a Pond?

When It’s Possible

• If both you and your neighbor agree on where to place the fence, you both are sure you own the rights to both the land and the water and your homeowner’s association and city regulations allow it, you could try to install a fence along a property border that runs through a pond. Keep in mind the material will have to be able to withstand being permanently submerged in water that may contain fish and other aquatic life. Materials that rust or give off volatile chemicals could damage the ecosystem within the pond. A university or county extension office should be able to help you determine the best material, given your climate. You and your neighbor must also decide who takes care of what wildlife and which plants because both of these can cross through openings in the fence.

Separate Water Rights

• As odd as it may seem, a third party might own the actual water sitting on your property or laws may deem the water public property. This varies from region to region and state to state. For example, the Vermont Institute for Government notes that for springs in Vermont, a landowner might not have the rights to the water even if he owns all the land around the spring. Check with your city or county’s planning office to start verifying who owns what, because ponds may be under some restrictions. In addition, it’s possible during droughts and heavy rains that create landslides for pond borders to change, adding water on one side or another of the property line. You must decide what to do in this case so one party isn’t demanding a change to the fence to access more water.

Double-Check Property Lines

• If the property is held by descendants who are assuming the line falls in the middle of the pond or if the property maps you and your neighbor have aren’t drawn up correctly, the boundary of one person’s property may be at the shoreline. This means that person owns none of the land underneath the water, and building a fence through the pond would be incorrect. Even if the other neighbor is friendly and understands it was a mistake, this still means more work to tear down the old fence, get permission for a new fence and install the new one.

Caution

• You homeowner’s association -- if you have one -- and your city, county and state can all have a say in land division, fence permits, fence materials and building processes. No matter how much your neighbor and you agree, check with each of these agencies, as applicable, to ensure you aren’t stepping on any legal toes.