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#40004 09/19/03 01:47 AM
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In Texas when more than one persons property is touching the shore of a lake how is the dividing lines of each property decided since they are under water. We have 35 acres that backs up to a 40 acre lake and I would like to put a small dock out but we have had problems with the owner accross the way about whos is whos.Any help would be appreciated.

#40005 09/19/03 07:01 AM
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Consult your survey for property lines. If you don't have a copy go to the county where the property is located.

#40006 09/19/03 04:28 PM
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MRInc.
Dave's advise right on, I'll only add if a major stream is feeding the lake IE: (large enough to float without touching bottom), here in NC no one owns the water in a major waterway. So, a floating dock doesn't touch bottom & the land owner can't disallow it so long as it originates on your property. Might be the case even if it's not a major waterway. Something to check into.
Ric


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#40007 09/21/03 08:42 PM
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Thanks for opinions.I have the survey and I know that the lake backs up onto about three acres of our property and he thinks that is they limit of the area we are allowed to fish but I believe I have access to all the water long as I dont step onto his property. I might be wrong but I know thats the law for public lakes "fishing around marinas and private boat docks".The lake has a good population of 1-2 pound bass and i have caught several 9-11's 3 this year but nothing in between. The larger fish are a little stunted although the last fish was just barely stunted looking. I have been taking 10-20 fish a month to eat thinking it would help the smaller fish grow. any thing bigger than 2lbs I release.

#40008 09/22/03 08:13 AM
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This might not be a popular answer or what you are seeking, but... Regardless of what the law actually allows, think about what is right/fair?

I agree with your neighbor that you should only fish on the 3 or so acres that you own. I can also easily understand why this could be a very hot issue with him - especially if he is the one who went to the expense of building/stocking the lake or who is paying property taxes on the other 37 acres.

If you want to benefit disproportionately, install some fish feeders and improve the habitat/structure/etc on your three acres so that more fish congregate there.

Basically, I encourage your to not think about what is legal, but to think about what is right. I believe that the correct approach is then clear.


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#40009 09/22/03 08:18 AM
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In reviewing the thread again, I see absolutely no reason why you should not put a dock on your property.


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