If someone has legal access to a pond that is partially located on your property, do they also have access to your property as well?

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If someone has legal access to a pond that is partially located on your property, do they also have access to your property as well?

We have a 4.5 acre pond in our community. I own 1/2 of it and the guy next to me owns the other half. It’s split right down the middle. A neighbor has property that butts up against the pond on the other pond owner’s side. Just because they have access to the pond doesn’t mean they are given a legal right to enter someone else’s property does it?

Asked on May 28, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

That is correct. If this neighbor you mention has, for example, an easement or other agreement that let's him cross the other pond owner's land to reach the pond does *not* mean that he or she has any access to your property. Entering onto your property in that situation could be trespassing.

Of course, if this other neighbor has an easement over your property as well, that easement would be honored. You can determine this easily from your deed and from the title search which had been done you acquired the property--an easement generally must be recorded to be effective. (There are some easements granted by law, but they are typically only when a "landlocked" property owner needs to cross another's property to access his or  her own--and similar situations--which does not appear to be the case from what you right.


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