TAC - GLO Flashcards
GLO FORMS
The Surveying Division of the General Land Office will furnish a surveyor with the correct form for Field Notes or Corrected Field Notes in paper and/or electronic format.
GLO Deeds of Acquittance UPLANDS - 2
(1) Before corrected field notes of a survey can be approved for the issuance of deed of acquittance under the provisions of Texas Natural Resources Code ?51.246- the surveyor must furnish satisfactory evidence to the Surveying Division of the General Land Office that he or she has located the patented boundaries of the survey. (2) The surveyor must submit a plat- corrected field notes- and a report to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office.
GLO Deeds of Acquittance CROSS BY NAV STREAM - 4
(1) If a resurvey reveals excess acreage- and it is determined that the survey crosses a navigable stream- then- under the provisions of Texas Civil Statutes- Article 5414a- commonly referred to as the Small Bill- the owner is entitled to the acreage for which the survey is patented- even though a part or all of the stream bed may be included in this acreage. However- if more than the patented acreage lies outside of the stream bed- the state will hold title to all of the stream bed and the land owner may make application to purchase such excess not included in the stream bed. (2) Under the conditions outlined in paragraph (1) of this subsection- the surveyor must first locate the patented boundaries of the survey- then survey the gradient boundary of both banks of the navigable stream within the survey. The corrected field notes must follow the meanders of the stream excluding the stream bed from the survey. (3) The surveyor must submit a plat- corrected field notes- and a report to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office. (4) In surveys where the state retains only a part of the stream bed acreage- the state’s part of the stream bed will be taken from the entire length of the stream bed- using the thread of the stream bed as the center of the state’s acreage.
GLO Purchase Excess Acreage - 5
In all cases where the area of a tract of land titled or patented exceeds the quantity called for in the title or patent- then any person owning such survey- or a portion thereof- may- file an application to purchase such excess by complying with the following requirements: (1) Application properly completed and notarized. (2) Questionnaire properly executed and notarized. (3) Corrected field notes by either a licensed state land surveyor or the county surveyor of the county in which the land is located unless corrected field notes are already on file in the General Land Office. If the application covers the purchase of excess in less than the entire original patented survey- then field notes must also be furnished on that portion of the survey covered by the application- along with field notes of the original survey. (4) Appraisal fee. (5) Deed of acquittance fee.
GLO Purchase Excess Acreage - Appraisal
Upon payment of the appraisal fee- the land will be appraised by and Land Office appraiser. The appraisal will be based upon current market value
GLO Purchase Excess Acreage - Price
After the land is appraised the School Land Board will set a price of 1/2 of appraised market value at which the excess may be purchased.
GLO Purchase Excess Acreage - Issue deed of Acquittrance
Upon payment of the purchase price of the land and deed of acquittance fee- the General Land Office will execute a deed of acquittance to the original patentee or his assignee- with such reservation of minerals or with no mineral reservation- accordingly as may have been the case when the survey was titled or patented. Such transfer shall inure distributively to the benefit of the true and lawful owners of the survey in proportion to their holdings.
GLO Procedure for Patenting Land - 10
1.21 Request for Issuance of Patent
1.22 Field Notes
1.23 Payment for Land
1.24 Chain of Title
1.25 Issuance of Patent
1.26 Recordation of Patent
1.27 Application for Corrected Patent
1.28 Resurvey
1.29 Patent Fee
1.30 Scrivener’s Error
GLO Patenting Land - Request to Issue Patent
Request for issuance of patent shall be made to the General Land Office by the owner of the land or his authorized agent or representative.
GLO Patenting Land - Field Notes
Field notes of the area by a licensed state land surveyor or by the county surveyor of the county in which the land is situated- together with a statutory filing fee- shall be filed with the General Land Office
GLO Patenting Land - Payment for Land
Payment in full- based upon exact acreage- shall be made- including all principal- accrued interest- late charges- and other fees and expenses. Upon request- a statement will be furnished showing the balance of principal and interest due- as well as the patent fee and patent recording fee.
GLO Patenting Land - Chain of Title
A certified copy of each conveyance from the original applicant down to and into the current owner- with a statutory filing fee for each deed filed- or a title opinion reflecting the chain of title and name and address of current owner and a certified copy of the deed into the current owner- with the required filing fee- shall be filed.
GLO Patenting Land - Issuance of Patent
A patent will be issued in the name of the last personal transferee indicated by the certified copies of deeds on file in the General Land Office. The rights granted in the patent- if issued in a name other than the current owner- will inure to the benefit of the legal owner of the land covered by the patent.
GLO Patenting Land - Recordation of Patent
The executed patent shall be mailed to the county clerk of the county in which the land is situated- together with the recording fee- with instructions to forward the patent- after it has been recorded- to the person remitting the payment for the land or the person designated by the remitter.
GLO Patenting Land - Application for Corrected Patent
In cases where a patent has been issued and is afterward found to be in conflict with any older title- a corrected patent shall be issued upon receipt by the General Land Office of an affidavit of ownership from the landowner requesting that the old patent be cancelled and a new one issued. The original patent shall be returned to the land office for cancellation unless it has been lost or destroyed- in which case the affidavit should state the reason why the original patent cannot be returned for cancellation.
GLO Patenting Land - Resurvey
A new survey containing the correct description of the area- prepared by a licensed state land surveyor or by the county surveyor of the county in which the land is located- shall be furnished and must be sufficient to satisfy the General Land Office that the conflict actually does exist on the ground and that there is a senior survey which is superior.
GLO Patenting Land - Patent Fee
A patent fee and patent recording fee shall be paid in the amount set forth in 3.31 of this title.
GLO Patenting Land - Scrivener’s Error
In cases where a scrivener’s error is found in a patent- a corrected patent shall be issued upon receipt by the General Land Office of an affidavit of ownership by the landowner- requesting issuance of a corrected patent. The original patent shall be returned for cancellation or the affidavit must state the reason why it cannot be returned. No patent fee is required; however- a patent recording fee shall be paid in the amount set forth in 3.31 of this title.
GLO Patents to Lands Under Law
Any headright survey- homestead- donation- pre-emption- scrip- or other survey heretofore awarded or sold- which survey has been held and claimed in good faith by any party for a period of ten years prior to the date of application for patent and which survey cannot be patented under other existing laws- shall be patented when an affidavit of ownership is filed with the General Land Office- along with a chain of title consisting of certified copies of deeds from the original applicant down to and including the present owner- accompanied by a filing fee of $3.00 for each deed. Payment of the purchase price of the land as fixed by the School Land Board shall be made as provided by Texas Civil Statutes- Article 5421c-3- 4. Corrected field notes may be required to be filed at the discretion of the commissioner of the General Land Office.Lands Not Otherwise Patentable
GLO Patents to Lands Under Law Patents to Lands Occupied by Mistake
When it is revealed as a result of a resurvey that an area previously occupied as a part of one survey is actually in an adjoining survey- and if the occupied land is state land which has not been sold- the occupant may purchase the land within six months after discovery of the mistake. An affidavit of ownership and chain of title shall be filed- along with a filing fee of $3.00 for each deed filed. A surveyor’s sketch and report of survey must be filed. The price at which the land may be purchased will be set by the School Land Board as provided in Texas Civil Statutes- Article 5421c-3- 4.
PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE
(a) These sections are intended to provide orderly and efficient procedures for the General Land Office to determine whether a person applying for patenting to release all or a part of the state’s interest in land- excluding mineral rights- substantially meets the criteria for issuance of a patent under 11.084 of the Natural Resources Code. (b) These procedures shall apply to the initiation- review- and determination of whether a person substantially meets the criteria for issuance of a patent under 11.084 of the Natural Resources Code.
PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE DEFINITIONS
(1) Appropriate County–The county or counties in which the tract of land claimed by the claimant is located.(2) Board–The School Land Board. (3) Claimant–A person who has filed an application with the General Land Office for a patent under 11.084 of the Natural Resources Code. (4) Chain of Title–Unbroken and successive written conveyances of record- or other written forms of alienation recognized under the laws of the state of Texas as sufficient to convey interests in land- affecting the tract or tracts of land claimed by the claimant- arranged consecutively- from on or before January 1- 1952- down to the present holder. (5) Color of Title–An unbroken chain of transfers of the claimed tract or tracts dating back at least as far as January 1- 1952 (6) Commissioner–The Commissioner of the General Land Office. (7) Deed–A written instrument of conveyance- regular on its face- that conformed to the requirements of Texas Property Code or the laws of the state of Texas at the time of execution and that would have conveyed title- except for title being in the state of Texas. (8) Documents Necessary To Support the Claim– (A) A deed to claimant or claimant’s predecessors in interest recorded in the county or counties in which the claimed tract or tracts is located- (B) all instruments of conveyance or other forms of alienation necessary to prove chain of title- (C) documentation the claimant deems necessary or assistive in explaining the deed or chain of title- and (D) such other documentation as the commissioner shall deem necessary to process the application. (9) Not Patentable Under the law in effect before January 1- 2002–Other than pursuant to the provisions of 11.084 and 11.085 of the Texas Natural Resources Code- claimant has no right to obtain a patent on the tract or tracts in the application. (10) Person–A natural person or persons or an entity or entities that are recognized by- and are in good standing with- the state of Texas at the time of the filing of the application. (11) Unanimously Approves–An approval of all members of the School Land Board- as opposed to approval of all members present and voting. (12) Actual Knowledge–The claimant or claimant’s predecessors in interest possessing knowledge of a fact. Actual knowledge embraces facts which a reasonably diligent inquiry and exercise of the means of information at hand would disclose.
PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE APPLIATION REQUIREMENTS
(a) A person claiming title to land Under 11.084 of the Natural Resources Code may apply for a patent by filing with the commissioner: (1) an application on the form prescribed by the commissioner; (2) a notarized affidavit on the form prescribed by the Commissioner- which among other things- requires that the claimant swear that the claimant and- to the best of claimant’s knowledge and belief- claimant’s predecessors in interest- acquired the land without actual knowledge that title to the land was vested in the state of Texas; and (3) an attachment to the application which contains documents necessary to support the claim. (b) The attachment to the application shall include: (1) a certified copy of the claimant’s deed- or deed of claimant’s predecessors in interest- recorded in the appropriate county or counties; (2) a certified copy of the claimant’s chain of title that originated on or before January 1- 1952; (3) a copy of any boundary survey or plat of survey- in the applicant’s possession- which covers any of the deeded tract; (4) a sworn certificate from the tax assessors-collectors of the taxing jurisdictions in which the claimed tract is located stating that all taxes assessed on the claimed tract or tracts and any interest and penalties associated with any periods of tax delinquency have been paid In the event that public records concerning the tax payments on the claimed tract or tracts are unavailable for any period the tax assessors-collectors of the taxing jurisdictions in which the claimed tract is located shall provide the School Land Board with a sworn certificate stating that- to the best of their knowledge: (A) all taxes have been paid; and (B) there are no outstanding taxes nor interest or penalties currently due against the claimed tract or tracts; and (5) such other documentation as the applicant deems necessary or assistive in explaining the deed or chain of title. (c) A $25 non-refundable application fee and the appropriate filing fee for each document filed with the application shall be paid with the filing of the application. (d) The person filing the application for consideration by the School Land Board shall be solely responsible for the completeness of the application.
PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE Limitation on Other Dispositions
Filed applications shall not stay- delay or otherwise act in limitation of the authority of the Board to sell- convey or otherwise dispose of any surveyed- unsold- permanent school fund land under any other statutory authority; provided however- if a completed application is on file with the General Land Office prior to the time of the Board’s final authorization of the sale- conveyance or other disposition of land covered by the application- the General Land Office will not seek the Board’s authority to sell- convey or otherwise dispose of the land for a period of forty-five (45) days following the General Land Office’s determination that the application is complete for consideration by the Board.
PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE processing of Applications
(a) The General Land Office shall review applications to determine whether the claimant substantially meets the criteria for issuance of a patent under 11.084 of the Natural Resources Code.(b) Except as otherwise provided in 1.93. above- if the General Land Office determines that the application is complete for consideration by the Board- the Commissioner shall convene the Board to determine whether a patent is to be issued under 11.084 of the Natural Resources Code. (c) Applications determined by the General Land Office to not substantially meet the criteria for issuance of a patent may be rejected by the commissioner. (d) Applications which are not complete for consideration by the Board within six (6) months after filing with the commissioner may be rejected by the Commissioner. (e) Rejection of an application by the General Land Office- or the Board’s failure to unanimously approve the tract for patenting- terminates all rights under the application.
PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE Patent Issuing Requirements
(a) If the Board unanimously approves the tract of land for patenting to release all or part of the state’s interest in the land- the patent shall be issued by the General Land Office in accordance with the requirements of the statutory authority and rules and regulations of the General Land Office governing the issuance of patents generally.(b) Patents issued pursuant to 11.084 and 11.085 of the Natural Resources Code shall be issued in the name of the holder of record title of the tract or tracts or to the first titleholder common to multiple claimants. In the event of a multiple claim to the same tract- in which there is no common titleholder- no patent shall issue. (c) Patents issued pursuant to 11.084 and 11.085 of the Natural Resources Code shall exclude mineral rights- with the following to be stated on the patent: PROVIDED HOWEVER- that there is reserved unto the State of Texas for the use and benefit of the Permanent School Fund and excluded from this grant- all oil- gas- coal- lignite- sulfur- and other mineral substances from which sulfur may be derived or produced- salt- potash- uranium- thorium- and all other minerals in and under the land described above wherever located and by whatever method recovered- as well as the right to lease such minerals and the right of ingress and egress to explore for and produce the same.
PROCEDURE FOR SUBMITTING AND PROCESSING APPLICATIONS FOR APPROVAL OF PATENT LAND RELEASED BY THE STATE Nonapplicability
Section 11.084 of the Natural Resource Code does not apply to:(1) beach land- submerged or filled land or islands; or (2) land that has been determined to be state-owned by judicial decree.