For some people, water access is critical to their planned land use. A person considering the purchase of a property adjacent to flowing water might benefit from pursuing an easement. Easements can allow them to access and even pump some of the water crossing a neighboring parcel for irrigation or the maintenance of livestock.
Other times, water access relates more to recreation than to economic need. People want to fish or boat. If there are streams, rivers or other waterways crossing nearby land, people might want to ensure their access to that water.
Do property owners with parcels near running water need to request easements for fishing and recreational purposes?
Everyone has access to certain waterways
Property owners do have a degree of control over certain bodies of water. Ponds completely contained on one property, for example, are under the control of the person who owns that land.
Waterways that cross private property are different. Texas state law protects the right of access to navigable waterways. People have a right to cross private property in small vessels or while in the water or on the shore on foot without accusations of trespassing.
Factors, including the depth of the water and whether it flows all year, influence whether the waterway is navigable or not. Technically, people don’t even need to own or rent property nearby to access waterways on private land.
Learning more about water rights and other laws that regulate natural resources can be beneficial for those concerned about their real property holdings or interested in outdoor sports. Those facing real property disputes, possibly because they have tried or otherwise need to access water on another person’s property, may need help defending against trespassing allegations or effectively resolving a dispute to ensure safe future access. Seeking personalized legal guidance is a good way to get started.
