Legal Question in Real Estate Law in Texas

Lakefront access

In Feb. 200, we purchased acreage that has access to frontage on a lake owned by the city water authority. Before we purchased, we received verbal assurance from the lake authority that we would be able to have access to the lake through land that the water authority owned; they own all of the land around the lake and grant adjoining landowners ingress and egress permits, which allows the property owners to build boathouses, docks, etc. Our land is atypical in that we gain access through about 3 acres of land, rather than the typical 10 ft. deep strip that the water authority typically owns around the lake. Two years ago, we built a boathouse with their full knowledge and permission, at a considerable expense. No written easements are given, only ''permits'', paid annually.

They are now attempting to declare that this 3 acres, and an adjoining 20+ acres, is surplus land. The exec. director (atty.) says we will be getting a letter telling us to ''move'' the structure (it's permanent). Authority wants to sell;local developers want to develop the tract. I have researched case law + the conditions for easement by estoppel, and we appear to meet all conditions. We need advice and insight. Thanks.


Asked on 6/05/05, 3:21 pm

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

Re: Lakefront access

Hmm... there is no adverse possession against the government.

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Answered on 6/07/05, 10:39 am


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