Legal Question in Real Estate Law in Texas

Property surrounding a private lake

We own a lot on a private lake. Our 50 year lease

ran out last year, and the owner of the lake is

supposed to let the surrounding property owners buy

in and form a club, but he states if a good majority

of owners don't participate he will fence up around

the lake taking in our piers and boathouses, etc.

He also advised until we pay our fee for an interest

in the lake he don't won't us fishing in the lake

in a boat or off our piers. Do we have in recourse

for the present time?


Asked on 5/10/01, 6:26 pm

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

Re: Property surrounding a private lake

It depends entirely on 1) what the written documents say aboutt he parties' rights on expiration of the lease and/or 2) what promises the lake owner made orally and if the lot owners, reasonably reling on those promises, acted on them. This second issue, is, of course, by its nature MUCH more difficuolt to prove than what is in writing.

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Answered on 6/21/01, 3:06 pm


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