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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6423
Experience:  20 years professional experience
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My waterfront property has a bulkhead but my neighbor does

Customer Question

my waterfront property has a bulkhead but my neighbor does not. they have lost roughly 30 feet of land and now the side of my bulkhead is exposed to tidal elements and is leaning slightly towards them , where does their land ownership start/stop and can i legally put some rip -rap down the exposed side . we are in jackson county in texas
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

Basically, shoreline erosion adversely affects the neighbor's freehold. The erosion changes his ownership in that he loses title to the eroded portion of his land. So, you will need to look at a survey of the land to see what he and you now own. You may want to read this for more info. I am not finding any Texas law that places a duty on the neighbor to protect your land from natural erosion. This in turn leads me to believe that you will need his permission to put down the rip-rap if it is going to be on his property.