If a county is listed as the trustee of a property in a small town, does that make that property “public” property?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a county is listed as the trustee of a property in a small town, does that make that property “public” property?

Let’s say I wanted to go use my metal detector on that property looking for old coins. Do I have legal access to the property? Do I need permission to go on property?

Asked on January 8, 2016 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You need permission from the owner.  A county can be a 'trustee', but not an owner.  If the owner has delegated that decision to the county, then the county would be the agent designated to make that decision.
Keep in mind that just because a piece of property is owned by a county, it does not mean that anyone can automatically enter when they would like to.  The county can close certain property to the public.  If the area that you are looking to enter on is normally open to the public, then you can go on and use your metal detector.  If the area is not normally open, seek permission first.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption