Legal Question in Real Estate Law in Texas

property line accross private lake

We bought property on a private lake 10 years ago. After we bought and had it stated in our contract that we would be using the lake for waterskiing and swimming another party came in and bought the remaining property on the lake. They have now stated that they own the majority of the lake and forbid us from having our boat or jetskis on the lake. Recently they went as far as to sting a rope accross the lake to prevent us from using it at all. My question is..

Can he actually do that? are property lines really drawn over water It is my understanding that because it is a body of water the state of Texas really owns the lake and that he only owns the property surrounding it. Is this true? If I or my guests cross over the rope line can we be arrested for trespass? we also have a property line that apparently is over water. I feel that we have just as much right to the lake as my neighbor. Also in my agreement it basically states that if the neighbors wished to dispute this usage of the lake they had 4 yrs to do so which is long past. Thank you,

--name removed--Berns


Asked on 5/24/06, 3:03 pm

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

Re: property line accross private lake

To answer your question, I'd have to review the deed, any deed restrictions, and any other documents you got when you bought. A private lake can be owned just like dry land; you need to know where the proprty lines are and what rights, you acquired if any, to use the lake when you bought the land. Is there a homeowners association or other entity that owns the lake, or is it owned by the adjoining landowners?

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Answered on 5/24/06, 4:15 pm


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