Lakehouse eviction reveals underwater property questions

The state of Texas owns the water on the Highland Lakes, and the Lower Colorado River Authority manages it, but what about the land under the water? KXAN investigators discovered landowners in Central Texas may not always own their waterfront. As more people eye lake properties, and as our lake levels continue to change, we dug into what property owners or potential buyers need to know about submerged land.

BURNET COUNTY, Texas (KXAN) – As he walked down steps made of salvaged wood and past piles of construction materials, Art Burnevik noted points of pride and spots that gave him trouble at his "boat house," as he calls it.

He pointed out the piers holding the structure high off the ground, above the changing water level, and the beginnings of a roof designed for capturing rainwater.

“Everything you see here, I did all by myself,” he said.

Burnet County property records show he bought a sliver of land off Lake Buchanan six years ago. He said he intended the location to be a part-time place to stay, but after the pandemic and a few tough years trying to keep a business afloat, the 75-year-old eventually turned to the spot as his retirement plan. Since then, he has called the work-in-progress "home," living on the structure while he continues construction.

Pulling a framed sketch off the wall, he beamed as he described his eventual plans for the place.

“This inlet here? I knew it wasn’t going to be water all the time, but it didn’t matter. It’s my spot, you know,” Burnevik said. “This is my little dream. This is all I could afford. After all the years that I worked, this is all I could manage. But this was all I ever needed.”

However, Burnevik told KXAN a property dispute turned his dream into a nightmare. He faced an eviction deadline just days after our interview.

Property disputes are not unusual across the Highland Lakes, as more people buy lakefront lots and build pricey homes next to murky, or unknown, property boundaries beyond the waterline.

Local real estate attorney Mike Lucksinger said he's seen these "battles" over waterfront properties in his time growing up and working in the area for decades.

However, he acknowledged changing water levels and what is known as "submerged land" can make these disputes even more complicated. He also said it can be difficult to get an accurate survey of the property when water is involved.

“A lot of people are surprised — sometimes they find, even when they do a survey of the property, they find out that their deeded property line actually doesn't reach the water line or the — the contour line,” he said. “They don't have ownership of the lakebed in front of their lakefront lot, and as the values of these properties have increased so much — and people are building these million-dollar homes and very valuable, big boat docks and everything — well, that's, you know, becoming a much more important issue for folks."

Submerged land

A steep, rocky hill makes up much of Burnevik's piece of property, which sits on a small cove on the east side of Lake Buchanan. He started with a dock, where the land levels out.

Since the water in the lake rises and falls -- often leaving the docks in this cove sitting atop grassy stretches of land -- a stake at one of the corners of his boat house marks the 1020’ line or the contour line. That is the level at which Lake Buchanan is considered full, at 1,020 feet above mean sea level. The land underneath that line is considered “submerged land,” regardless of whether it is currently covered with water.

While the Lower Colorado River Authority, or LCRA, owns around 75% of the submerged land at the lake, the rest is owned by private people or other entities -- and not necessarily the person or entity who owns the adjacent lakefront property.

A spokesperson for LCRA said it does not track the sale of submerged land in the Highland Lakes and said it encourages property owners — or anyone considering buying lakefront property — to do full title searches for the submerged land adjacent to the site.

“In particular, dock owners should be certain they own the land or have legal permission to build a dock over land someone else owns,” a spokesperson said. “If LCRA is the land owner, LCRA will work with the property owner to try to allow a residential dock to be built.”

Burnet County property records show an entity named Underwater Land LLC obtained the deed to a 46-acre tract of submerged land on the lake in 2021. One of Burnevik’s neighbors at the lake, Brad Beneski, is listed as the only member of the entity, according to state records.

Earlier this year, Beneski took Burnevik to court in Burnet County, claiming the construction stretched onto his tract of land. A justice of the peace first ruled in Beneski’s favor in March 2024. A few months later, on appeal, a judge in county court also sided with Beneski and signed a writ of possession – meaning Burnevik would be evicted by June.

KXAN made several attempts to directly contact Beneski, who also serves as the President of the Emergency Services District in the area. His attorney, Austin Shell, responded on his behalf.

Shell said any claims of ownership made by Burnevik are “false,” and they believe Burnevik has “misrepresented” the situation.

“My client has given him ample opportunity to move off the property, but he has refused and forced our hand,” Shell said to KXAN in a phone call. “We’ve been as courteous as we can.”

Shell acknowledged the point where the water meets the land can cause conflicts, but he “does not believe there is any conflict” in this case and noted that two judges agreed. 

'Very valuable' land

The number and value of lake house and lot listings in Texas has increased in recent years according to experts and real estate reports. The latest quarterly report from Lake Homes Realty notes that Texas topped the list of states in terms of lake property value, at more than $10 billion.

Lucksinger said he personally watched a transformation on the Highland Lakes, as "little cabins" were torn down to make way for, in some cases, million-dollar homes. Recently, he said he has also seen people begin to recognize the value of the lakebed itself -- buying up submerged land.

He encourages his clients to figure out who owns the lakebed near their property, and try to negotiate and buy it, if possible.

“Especially for the future because it's not — it's going to get more valuable as time goes on,” he said. "Having control over that lakebed out in front of your house is going to become more valuable."

LCRA retains ownership of approximately 46% of the submerged land across all six Highland Lakes, but Buchanan is the only lake where the LCRA owns a majority of it. It owns approximately 30% of the submerged land at Inks Lake and Lake Travis, approximately 20% at Lake LBJ, and less than 1% at Lake Austin and Lake Marble Falls – meaning the rest is owned by other entities.

It’s an issue that has come up before. In 2019, KXAN spoke to around a dozen property owners on Lake LBJ who discovered they did not own the shoreline or the waterfront portion of their properties. Some opted to pay several thousands of dollars to the owner to ensure they owned their waterfront land and the area around their docks.

Buying the land

Burnevik told KXAN he did due diligence and believed he’d have the opportunity to purchase the submerged land underneath his construction, but Shell told KXAN, “under no circumstances” was his client ever going to sell.

Several other neighbors on Lake Buchanan told KXAN they worried about whether their properties could be affected in the future.

In response to KXAN’s questions, Shell noted his client has no plans to seek litigation against other property owners related to docks or structures on this tract of land at this time. He said his client has not ruled out the possibility of developing on the tract of land he owns, but does not plan to “take any action that clouds the titles to any properties.” 

Shell also said they have not ruled out the possibility of selling any portions of this land to other property owners and neighbors, but none are currently for sale.

Burnevik told KXAN he believes he wasn’t given a fair shake during the court process but eventually had to turn his attention toward moving his belongings out of the boat house. He pointed to his car at the top of the hill and said, “That was going to be my new home right there."

Then, tears filled his eyes as he explained how neighbors heard about what happened and offered him a place to stay. "It wasn’t until they said, 'You’re not going to live under a bench.' That’s when I broke down."

For anyone planning to buy or considering building on waterfront property, Lucksinger emphasized the importance of doing a title examination, getting an accurate survey and having a clear, legal description of the land. He warned that his industry has seen an uptick in fraudulent sales, that he described as "scary crazy."

Regardless of ownership, he said there are other reasons people should look into the rules and regulations surrounding waterfront property rights.

For example, LCRA retains inundation easements on every lake, meaning it could flood those areas at any time in the course of its operations, as it works to generate and transmit power or manage the water. Docks must meet the requirements of LCRA's Safety Standards, and any structures that impede navigation or water flow are not allowed under its Land and Water Use Regulations.

The LCRA spokesperson said there also may be additional rules and regulations set by local municipalities or the floodplain administrator in the area.

Lucksinger added that many lake communities also have rules set by the area's property owners association or subdivision. In some cases, those associations may own the lakebed.

So, Lucksinger echoed his earlier advice: "Buy it if you can, or at least find out what the rules are."

Senior Investigative Producer and Digital Reporter David Barer, Graphic Artist Wendy Gonzalez, Director of Investigations & Innovation Josh Hinkle, Investigative Photojournalist Chris Nelson, Digital Special Projects Developer Robert Sims, and Digital Director Kate Winkle contributed to this report.