Water-based recreation is relatively common here in Texas. Some people fish regularly for sport or even as a source of food. Many others hit the water as often as possible on their kayaks or other small, self-propelled watercraft. Provided that they have the necessary licenses for fishing or boating, they can legally enjoy these popular aquatic pastimes.
Those who enjoy fishing or boating might enjoy the waters of state or federal parks. Others might access waterways that are near where they live or work. Streams and rivers can be fun places to explore on kayaks and other small vessels. They can also provide anglers access to a variety of different types of fish.
However, those who own property along flowing waters are not always welcoming to outdoor enthusiasts they encounter. Can property owners limit access to flowing water?
Navigable waters are open to everyone
The amount of water flowing through a property largely dictates whether or not the owner has the right to control access. Under Texas state statutes, navigable waterways are accessible to anyone, regardless of who owns the adjacent land.
Generally, people can access water that crosses another person’s private property through the water itself or on the banks of the water. Kayakers and fishermen may want to remain in the water to prevent conflict with property owners.
Those accused of trespassing or threatened with violence while fishing or boating may need help understanding and asserting their rights as they pursue their preferred hobbies. Having experienced legal guidance can also help people learn more about water access rights and Texas real estate laws.
