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Boundary Changes and Property Rights When Water Moves

October 17, 2022 by chorton Leave a Comment

Water has been a natural boundary for land throughout human history. Mexico and Texas fought for the Rio Grande River area. The Nueces River was eventually proclaimed the winner. The Mississippi River is part of the border of ten states. Exodus even mentions God telling Moses, “I will set your bounds from Red Sea to the sea of Philistines and from the desert to the river.” John O’Donohue, a poet, observed that a river is “carried by its own unfolding.” The same goes for ocean shorelines. These changes can be gradual or imperceptible. Sometimes they are sudden. These changes can affect property rights in real-estate.

Land that is bordered by water falls under one of the following categories. The term “riparian” refers to “belonging or related to the bank or stream”. A “riparian owner”, is someone whose land is bordered by a river. Similar to “riparian owner”, the term “littoral” refers to land that is bound by the shore of an ocean or sea.

Riparian Tracts

If the call in a deed is to an unnavigable stream or riparian tract, the boundary is the centre or “thread” thereof, unless the deed states otherwise. A description of a “meanderline” is not sufficient to show such intent, unless it is stated in the language of deed.

The State of Texas owns navigable streams. The boundary of a navigable stream/river is to the point at the shore, known as the “gradient border.” Grants affected by the 1929 “Small Bill” are not considered “gradient boundaries”. A navigable river has a minimum width of 30 feet, from the mouth to the mouth.

Riparian Tracts’ Boundaries are changing due to erosion, accretion and reliction

When the stream slowly and imperceptibly erodes the land, it is called erosion. Accretion occurs when solid material, such as sand or mud (alluvion), is deposited, adding to land. Riparian owners lose their land when the land is lost to erosion. The same applies to riparian owners who gain land as it grows through accretion.

When the water submerges, called “reliction” or “dereliction”, it permanently exposes previously submerged land. The riparian owner then gains the newly exposed land. The boundary is now in line with the water body.

A boundary is a body or water that is slowly and imperceptibly altered or shifted by erosion, reliction or accretion.

The navigability of a stream will determine the ownership of an island. It is the state’s property if the stream is navigable. Non-navigable streams have a continuation of ownership for the owners of the stream bed. If the middle stream thread crosses an island, the property line crosses the island as well.

These rules are applicable even if erosion, accretion or reliction has been caused by man. This rule does not apply to accretion that is caused by the owner of the riparian. An owner cannot artificially raise submerged land above the surface to claim his land. This exception is sometimes called the “landfill principle”. The riparian owner has the right to any accretion of or reliction if a dam is built upstream.

There are other exceptions to this rule. If the property description states that the boundary is an object required at a river, the landmark is the object. The stream does not move the boundary, but the boundary is fixed to it.

It is important that title does not change due to seasonal or temporary changes, nor the rising or falling of the stream. The change must be permanent.

Boundaries are not affected by Subsidence and Avulsion on Riparian Tracts

However, streams and rivers can sometimes change their course quickly. A river can change its course suddenly and perceptibly, removing or depositing soil in the process. This is known as “avulsion.” This means that the boundaries of the land are not affected by the river’s movement.

It depends on whether there is a gradual or imperceptible change. It can be gradual or imperceptible if a person notices that something is changing/moving from time to another. It is sudden and perceptible if it can be detected.

This rule is not absolute. The state owns the new bed if a navigable stream leaves the existing bed. The state does not own the riverbed created by the avulsion, but the island is the property of its original owner. All accretions to an island belong to its owner.

Subsidence is the term for sinking land. It has no effect on the boundaries of the earth, regardless of how gradual or sudden the change.

Littoral Tracts

A simplified definition of “shoreline” in relation to littoral tracts is the average daily high water level. The bed is not included in a call to the shoreline of a lake. Property that borders the Gulf of Mexico, bays or tidal water is typically owned by the littoral owner. Land seaward of the shoreline are covered by “navigable water” and the State of Texas.

Littoral Tracts’ Erosion and Accretion Change Boundaries

Like riparian owners and the risk of the shoreline moving over time, each owner is responsible.

The rule of thumb is that the owner gradually acquires or loses title, or imperceptibly adds to or takes from the shoreline. This means that if the shoreline moves inwardly, the littoral owners lose that land. If the shoreline moves to the seaward, the littoral owners’ property grows.

The property owner is responsible for proving that the property has accreted. The state assumes that the land is still in its title, unless it makes a showing. The landfill rule is applicable, as with accretion onto riparian tracts. The landowner may not build the land intentionally and claim the dry land as hers.

Subsidence on Littoral Tracts does not change Boundaries

The boundaries of the land are not affected by subsidence on riparian tracts.

Influence on Mineral Ownership

Most cases would not require litigation to determine the exact boundaries of land that borders streams and rivers.

Many of these laws are based on boundary disputes over mineral rights. Both the mineral estates and the surface are subject to the rules concerning erosion, subsidence, reliction, reliction and accretion.

Other matters not addressed

These rules apply to the land and minerals, but not the water. Other rules determine who owns the water. These rules also do not affect the public’s rights to access beaches or navigable waters.

 

Original Blog: https://www.recenter.tamu.edu/articles/tierra-grande/Moving-Water-2361

Filed Under: Blog Tagged With: erath county, land, land for sale, land rights, Preferred Properties of Texas, property rights, real estate, stephenville tx, texas land, texas ranch land for sale

Clear-Cut Land

September 8, 2022 by chorton Leave a Comment

Clearcutting is a forestry/logging technique in which all or most trees are cut down uniformly. Clearcutting is often viewed as a death sentence for serious hunters. Many hunters in the Southeastern U.S. lease land for hunting. Often, clubs and partnerships are formed to pool resources and manage properties. A large portion of the Southeast’s hunting land is owned by timberland companies or private owners who have made investments in the land to grow and sell trees. It will eventually come time to harvest timber from the hunting land. Clear-cut land is nature’s food plot. Clear-cut land is good for hunting, deer and investors. Clear-cuts are often overlooked by recreational land buyers.

Clear-cut land makes a great habitat for deer and is a useful tool in wildlife management. Deer love cutting overs because in the South, after six months, the property is completely restocked with thick, young growth. You don’t even have to spend a dime or lift a finger! If it is during the growing season, the soil will start to germinate. The stumps of hardwood trees and shrubs will begin to re-prout in a matter of days. Although they might not look great, clear cuts are essential for deer to thrive in many parts of the South.

This does three things for deer: 1) It puts food down where deer can access it; 2) it increases the protein level of the food available and 3) it provides sanctuary. Deer can have both nutritious food and bedding in one place. They do not have this luxury in mature hardwood stands. The plant communities that emerge from a clear-cut are more diverse and contain more protein than the mature forest. There won’t be as many mast-producing trees, such as mature oaks and beeches. There will be more food available than ever before, and it will be more nutritious. Mast is high in carbs but low in protein.

Clear cut property is difficult to hunt deer because of its thick vegetation. This is the reason it is a good sanctuary. This can be overcome by creating a network for stalking and shooting trails that are connected to strategically placed ladder stands/shooting homes (similar to the hub and spokes of a bicycle wheel).

Be flexible when hunting in a clear cut. If deer are scavenging a section of the cut, they may switch to the next day. A nearby section of timber could be cut to draw them over the next ridge. To ensure you are in a hot spot, take the time to examine their movement patterns and to monitor new droppings, tracks, and chewed branch tips. Clear cut forests are a blank canvas. A spray rig mounted to a 4-wheeler can transform a cleared property into a deer hunting paradise.

Clear-cut properties are usually more affordable because they are freed from the trees’ value. While it may be ugly for a time, an eager buyer with vision can transform the unsightly sight into something beautiful.

These tracts are usually cheaper since the trees have been removed. Clear-cut tracts are cheaper than those with trees. A land agent can help you understand why.

Clear-cutting land is best for you based on your goals and desires. Clear-cut land is great for hunting and investment in timber. It can be replanted in the pines you choose, wherever you like. Bring in a dozer to clear wide shooting lanes and make food plots. Double win! Clear-cut land is great for deer hunting and makes land investment sense.

 

Original Blog: https://www.landthink.com/clear-cut-land-natures-food-plot-and-good-investment-land/

Filed Under: Blog, Land for Sale Tagged With: Blog, hunting, land, land for sale, Preferred Properties of Texas, stephenville tx, texas ranch land for sale

Things to Look for in Homestead Land

September 6, 2022 by chorton Leave a Comment

Buying land to build a homestead can help you achieve your goal of self-sufficiency.

Homesteading, also called hobby farming, is not a new concept. It is seeing a revival due to growing interest in self-reliant rural lifestyles. While you can grow a productive edible gardening garden on most properties, even in the suburbs, a true homestead requires substantial acreage. You should also do extensive research to ensure the land is suitable for your needs.

It can be very rewarding to start your own homestead. It is important to plan carefully, especially for the land you purchase.

There are a few factors that will determine how much land you need to build a homestead. You can read more in the next section. However, the most important factor to consider when searching for land is available acreage. This should be realistic to meet your hobby farming goals.

Access to water is not a requirement for your land. However, if it’s located in rural areas, it may not. It does have to have access to at least one reliable source for potable water, such a well. Although it is not necessary to have an additional source of water for fishing or swimming, it is an added bonus.

If you buy land with already-built structures, you may be able to get access to the road. If you are buying land that is not in use, you will need to consider your access options. This includes road frontage options as well as cost and maintenance.

It is important to know what kind of soil your have. You may need to get soil testing done before you invest. This will ensure that you have the right type of soil for your project.

Pay attention to the CCRs (Covenants Conditions and Restrictions) and zoning regulations for the property that you are interested in. You may be limited in certain areas even in rural areas. It is important to understand these limitations before you make any decisions.

Your family size and the amount of food you plan to grow will determine the ideal size for your homestead. A small family may only need two acres if it is well managed. Larger families and larger homesteads will require more. A good rule of thumb is to have one acre per person. This includes enough space for animals, trees and any other items you want to keep on your property.

If your looking to buy land contact our office and speak to one of knowledgeable agents.

Preferred Properties of Texas is here for all your Real Estate needs!

Original Blog: https://www.landhub.com/land-news/how-to-pick-good-land-for-a-homestead/

Filed Under: Blog, Land for Sale Tagged With: Blog, erath county, land, land for sale, land for sale in texas, landwatch texas, Preferred Properties of Texas, real estate, stephenville tx, texas land, texas ranch land for sale

Better Price!! Awesome Property With Incredible Potential

August 30, 2022 by chorton Leave a Comment

THIS COUNTRY PROPERTY IS ONE YOU DON’T WANT TO MISS!

Just right outside of Comanche, Tx you will find a lovely and well-maintained house that sits on an attractive 4+ acres. Relax and unwind on the covered front porch and enjoy the view. This property has an awesome multiple living areas with multi bedrooms. The home boasts over 3,500 sq ft with 3 bedrooms and 3 baths, a spacious living area, a dining room with a fireplace that provides warmth and style that opens up to large kitchen practically at the heart of the home. The bonus of this home is the large indoor entertainment rec room area that is directly attached to the main house; perfect space for friends and family to gather and enjoy each other’s company. Most of the bed & baths have been remodeled, a brand new hot water heater installed and the well and the operating components have been redone. Give Preferred Properties of Texas a call Today.  Hurry to make it yours!!!

WONDERFUL OPPORTUNITY TO MAKE IT INTO YOUR OWN!

 

Filed Under: Blog, Homes for Sale, Land for Sale, Ranches for Sale Tagged With: Blog, buying a home, comanche, home for sale, homes for sale, horse ranch, land for sale, land for sale in texas, Preferred Properties of Texas, ranch for sale, ranches for sale in texas, real estate, selling a home, selling homes, stephenville tx, texas land, texas ranch land for sale, tx

Reason To Sell Your House Today

March 3, 2022 by chorton Leave a Comment

Supply chain disruptions are affecting almost every industry. This is also true for the U.S. housing market where buyers demand is far greater than housing supply.

The current buyer demand is strong. The National Association of Realtors just released their latest Current Home Sales Report, which shows that sales increased in January. The seasonally adjusted annual rate for existing home sales was 6.5 million. This is 6.7% more than the previous month. Sales were up in all regions. But there is one problem.

The market is experiencing a shortage of homes to sell due to high buyer demand. According to the report, inventory of homes for sale is down to 1.6 months.

The number of new listings on the market has decreased in the past four years, and carry-over inventory is down in recent years. Because listings are sold quickly, they don’t last long enough to carry over from month-to-month. This means that homes don’t stay on the market as long as they did before the pandemic.

If you are thinking about selling your home, don’t delay. When there is high demand and limited supply, a seller will always get the best deal. This is exactly what the current real estate market looks like.

Inventory (and thus your competition) will rise as more homeowners wait to list their homes in spring and early summer.

These newly constructed homes will be a competition to your house as they are complete. This is a huge opportunity for you right now. Do not wait for the increase in competition in the area. Today is the best day to list your house. Give Preferred Property of Texas a call and let’s get your house on the market at this optimal time to sell.

 

Original article: https://www.keepingcurrentmatters.com/2022/02/24/the-1-reason-to-sell-your-house-today/

Filed Under: Blog, Selling Your Home Tagged With: Blog, selling, selling a home, selling homes, texas ranch land for sale

Hire a Realtor who sells homes because they love to sell homes!

February 7, 2022 by chorton Leave a Comment

You want a Realtor who is passionate about selling homes when the time comes. It’s a common theme that passion is important in any career, and this holds true for Realtors. You shouldn’t hire Realtors who are anxious about going to work each day, have a lackadaisical attitude, don’t show enthusiasm about their job and avoid being a negative influence on others.

Someone who is passionate about helping homeowners sell their homes for top dollar is what you want. A person who is excited about completing the sale of a house and knows the details. A person who sees challenges as opportunities. A person who sees challenges as opportunities.

A Realtor selling homes for a living involves customer service. If they aren’t good communicators and believe in the importance providing excellent service, then selling houses is not something they will be able to do well at. It is not necessary to be a people person.

What is the best way to find out more about the Realtor’s passion for their work? You can Google them. Online information can reveal a lot about a person’s personality. You can visit all their blogs, websites, and social media platforms. Read what they write, what they comment on, and read what their customers have to say about them. Never forget the importance and value of your gut instincts after you meet with them.

This week of Valentine’s Day, love is in the air. When you list your home for sale, make sure that love is present.

Call me, Preferred Properties of Texas and our agents will provide you with additional Real Estate tips.

 

Original Post: https://www.imagineyourhouse.com/real-estate-tips/hire-a-realtor-who-sells-homes-because-they-love-to-sell-homes/

Filed Under: Blog, Selling Your Home Tagged With: Blog, Homes for sale Stephenville TX, real estate, selling, selling homes, texas ranch land for sale

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