When a perennial stream crossed a Mexican grant, who retains the title to the bed of the stream?

Prepare for the Texas State Specific Exam with engaging flashcards and in-depth multiple choice questions. Each query is accompanied by hints and comprehensive explanations, ensuring you're ready to ace the exam!

In the context of land law, particularly regarding Mexican land grants and perennial streams, the bed of the stream is typically considered a part of the sovereign lands. This means that the sovereignty, which refers to the supreme authority in governance, retains title to the bed of the stream. In Texas, the state has authority over navigable waters, which encompasses the public’s right to use these waterways. Therefore, the state asserts title to the streambed in cases where it crosses private land, as ownership of the land does not extend to the submerged lands of navigable waters, which remain under state jurisdiction.

The distinction here is important: private landowners may possess the land up to the water's edge, but they do not own the bed of navigable streams. This principle reflects the idea that waterways are a public resource, underlying the importance of conservation and public access. The private landowners would have rights to the land but not to the bed of a perennial stream, while the federal government also does not retain the title in this context, as this typically falls under state sovereignty in Texas.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy