private pond

private pond
A pond above land privately owned and subject to private control only. To fall within the meaning of the term, the pond must be essentially private. It must be a sheet of water covering exclusively the land of its owner, and must be such as no one could forbid him its use, any more than the cultivation of the soil underneath, if it was free from water. A body of water covering 1040 acres, 1000 acres of which covers land of one owner and forty acres of which covers the land of an adjoining owner, is not a private pond. Peters v State, 96 Tenn 682, 36 SW 399. For cases holding certain ponds or lakes to be private, see Anno: 15 ALR2d 755.

Ballentine's law dictionary. . 1998.

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