Krista
We live in NY state, and my parents share a privately owned, not “navigable” pond with their neighbors. The pond is entirely enclosed by both properties; I have called the DEC and was told that the DEC has no jurisdiction over privately owned bodies of water. My parents’ neighbors keep inviting guests with children to their property, and the children swim in the entire pond. My parents are concerned about liability if someone gets injured or worse on their side of the pond. They have asked the neighbors multiple times to stay on their side when swimming, but the neighbors completely ignore their concerns. Question 1: Does this constitute trespassing? Question 2: Will my parents be held accountable if someone is injured or drowns on their side of the pond?
