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It seems like a prescriptive easement could come into play. In california it seems like it only takes 5 years. In texas no beaches are private and all waterway

It seems like a prescriptive easement could come into play. In california it seems like it only takes 5 years. In texas no beaches are private and all waterways are public.

sidlls 8y ago
All waterways are public in California as well, so there is already an easement on the access for any property that includes waterway access.
- tokyodude 8y ago
  AFAICT they actually aren't. Go down to the dogpatch in SF, end of 24th street. Walk through the park to the water, turn right, come to sign saying No Trespassing. Call city, get told all waterways are not public. (or at least in 2013)
- harryh 8y ago
  There is no existing easement. The courts might create one, but there isn't one right now.
- labster 8y ago
  All natural waterways.
mark212 8y ago
can't get a prescriptive easement in California unless the access is "hostile to the true owner." And posting a sign wipes out that hostility, per Civ. Code section 1008: No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription, if the owner of such property posts at each entrance to the property or at intervals of not more than 200 feet along the boundary a sign reading substantially as follows: “Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code.”
doodlebugging 8y ago
This is mostly true. One can wander - botaing, fishing, camping, etc. - between the banks of any waterway of any size in Texas and they will be considered to be remaining on public property unless the stream, creek, river, etc. has its entire length from headwaters to terminus with larger stream on property belonging to one owner. In other words, if the stream you're following begins and ends on property belonging to one owner and no part of that stream is owned or shared with a second party then that stream is entirely private property and access would require permission. Therefore, short feeder streams in the watersheds may be private property but the majority of waters in Texas are public property between the banks. People still need to respect the land owner's rights to ask them to tone down parties, control size of any fires, etc. so that their activities don't adversely impact the landowner's property. They also need to remain between the banks unless they have permission to wander around the floodplain, woods, or pastures.
- drb91 8y ago
  The entire idea of a land owner is absurd. We need right to roam protections.
- doodlebugging 8y ago
  I'm not sure editing is possible or allowed so I add this to clarify what I stated above about access to streams in Texas. I sure regret missing that spelling error in the first line where it should've read "boating". Oh well. Navigable waterways are all public waters to their sources. The waterways that could be entirely private that I referred to above (short feeder streams), are intermittent streams that flow downstream into a navigable waterway. Most of these have no stream flow unless there has been rain in the area. The Texas Parks and Wildlife Department has a great user-friendly section that outlines public and private uses of waterways in Texas.[0] [0]https://tpwd.texas.gov/publications/nonpwdpubs/water_issues/rivers/navigation/riddell/index.phtml https://tpwd.texas.gov/publications/nonpwdpubs/water_issues/...

It seems like a prescriptive easement could come into play. In california it seems like it only takes 5 years. In texas no beaches are private and all waterways are public.

sidlls 8y ago

All waterways are public in California as well, so there is already an easement on the access for any property that includes waterway access.

tokyodude 8y ago
AFAICT they actually aren't. Go down to the dogpatch in SF, end of 24th street. Walk through the park to the water, turn right, come to sign saying No Trespassing. Call city, get told all waterways are not public. (or at least in 2013)
harryh 8y ago
There is no existing easement. The courts might create one, but there isn't one right now.
labster 8y ago
All natural waterways.

mark212 8y ago

can't get a prescriptive easement in California unless the access is "hostile to the true owner." And posting a sign wipes out that hostility, per Civ. Code section 1008: No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription, if the owner of such property posts at each entrance to the property or at intervals of not more than 200 feet along the boundary a sign reading substantially as follows: “Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code.”

doodlebugging 8y ago

This is mostly true. One can wander - botaing, fishing, camping, etc. - between the banks of any waterway of any size in Texas and they will be considered to be remaining on public property unless the stream, creek, river, etc. has its entire length from headwaters to terminus with larger stream on property belonging to one owner. In other words, if the stream you're following begins and ends on property belonging to one owner and no part of that stream is owned or shared with a second party then that stream is entirely private property and access would require permission. Therefore, short feeder streams in the watersheds may be private property but the majority of waters in Texas are public property between the banks. People still need to respect the land owner's rights to ask them to tone down parties, control size of any fires, etc. so that their activities don't adversely impact the landowner's property. They also need to remain between the banks unless they have permission to wander around the floodplain, woods, or pastures.

drb91 8y ago
The entire idea of a land owner is absurd. We need right to roam protections.
doodlebugging 8y ago
I'm not sure editing is possible or allowed so I add this to clarify what I stated above about access to streams in Texas. I sure regret missing that spelling error in the first line where it should've read "boating". Oh well. Navigable waterways are all public waters to their sources. The waterways that could be entirely private that I referred to above (short feeder streams), are intermittent streams that flow downstream into a navigable waterway. Most of these have no stream flow unless there has been rain in the area. The Texas Parks and Wildlife Department has a great user-friendly section that outlines public and private uses of waterways in Texas.[0] [0]https://tpwd.texas.gov/publications/nonpwdpubs/water_issues/rivers/navigation/riddell/index.phtml https://tpwd.texas.gov/publications/nonpwdpubs/water_issues/...