Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 7 - SURVEYING
Section 7.3 - Deeds of Acquittance
Universal Citation: 31 TX Admin Code ยง 7.3
Current through Reg. 49, No. 12; March 22, 2024
(a) Field note filing for a deed of acquittance for uplands:
(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.
(b) Field note filing for a deed of acquittance when the survey is crossed by a navigable stream:
(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.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
