Perennial Stream - ANSWER-State owns all perennial streams regardless of navigability
where the original land grant was made under the civil law prior to December 14, 1837.
(water flows most of a year)
What is a headright - ANSWER-A head of family or single man is given a certain amount
of acres to move to a certain part, to attract more people to a given area. In turn it
brought in money via taxes to the Texas government.
First Class Headright - ANSWER-Arrived before March 2, 1836.
Head of family received 1 League (4,428.4 acres) and 1 labor (177.1 acres)
Single men received 1/3 league (1,476.1 acres)
Second Class Headright - ANSWER-Arrived AFTER March 2, 1836 but before October
1, 1837.
Head of family received 1,280 acres.
Single men received 640 acres
Third Class Headright - ANSWER-Arrived AFTER October 1, 1837 but before January 1,
1840
Head of family received 640 acres
Single Men received 320 acres
Fourth Class Headright - ANSWER-Arrived AFTER January 1, 1840 but before January
1, 1842
Head of family received 640 acres (same as third class)
Single men received 320 acres (same as third class)
,However, they were required to cultivate 10 acres for crop use (delayed timing of patent
and certificate)
Stafford V King - ANSWER-Decided April 1867 (Volume 30, Texas Supreme Court Page
257)
Established Dignity/priority of calls, follow the "footsteps" of the original surveyor, called
monuments are paramount.
'It is the duty of the surveyor of the land to run around the land located, and to see that
such objects are designated as will clearly delineate the locality; and to call for these
objects, natural or artificial, in his field notes. Even if found that the land was not
surveyed, if the monuments are found, they will hold.'
Dignity of Calls - ANSWER-1. Natural Monuments (Rivers, Moutains, trees etc.)
2. Artificial Monuments (Rebar, pipes, rock mounds, adjoining calls and manmade
objects)
3. Bearings and angles (Courses)
4. Distances
5. Area (acreage0
Pre-emption Grant - ANSWER-Similar to the headright grants, pre-emption grants were
made after statehood. From 1845 and 1854 homesteaders could claim 320 acres. From
1854 and 1856, and 1866 to 1898, up to 160 acres could be claimed. Homesteaders
were required to live on the land for three years and make improvements (such as
building a barn) in order to qualify for a pre-emptive grant of 160 acres.
Donation - ANSWER-640 acres were donated to soldiers by the Republic of Texas who
participated in specific battles during the Texas Revolution
Porciones - ANSWER-The land was to be divided on the basis of merit and seniority,
with the colonists divided into three categories: original, old and recent settlers. Due to
the shortage of water and the importance of irrigation for agriculture in the region, the
commissioners surveyed long, thin strips of land, each with narrow frontage on a water
course. These elongated quadrangles were known as porciones.
Bounty Certificates - ANSWER-Issued to soldiers and to families of deceased soldiers by
the Republic and State of Texas in payment for military service. The size of the grant
varied according to circumstances from 160 acres to 1,280 acres. The act of December
21, 1837, provided for donation certificates of 640 acres each to all persons who had
engaged in the Battle of San Jacinto, an act of 1879 certificates for an additional 640
acres were granted under stringent restrictions to indigent veterans of the Texas
Revolution. In 1881 the state voted to issue bounty warrants for 1, 280 acres to
Confederate veterans who had been permanently disables in service.
Scrip - ANSWER-an act of December 10, 1836, authorized the issuance of land scrip for
sale in the United States at not less than fifty-five cents an acre, the proceeds of the
, sale to be applied to the public dept. The scrip was often called Toby Scrip, for Thomas
Toby of the Toby and Brother Company of New Orleans, the chief scrip agent
Homestead Donations - ANSWER-In response to that recommendation the legislature of
Coahuila and Texas enacted Decree no. 70 of 1829 to exempt from creditors' claims
lands received from the sovereign as well as certain movable property. Although that
act was repealed in 1831, the principle remained in alive in Texans' mind and was a
model for the Texas act of 1839, which protected the home of a family from seizure by a
creditor.
Railroad Blocks - ANSWER-Generally laid out in blocks and sections. A section is a mile
by a mile.
Vacancy - ANSWER-Land vacancy is unconveyed or unpatented land lying between two
surveys and not covered by any deed or description.
When can a vacancy occur within the bounds of an original patent? - ANSWER-A good-
faith claimant has a preferential right to purchase or lease the vacancy from the GLO
A good-faith claimant - ANSWER-Someone who has occupied or used the land for at
least ten years. A person who purchased land that a seller has occupied or used for ten
years or more, believing that he or she owned the land, is also considered a good-faith
claimant. In some cases the owner of the adjoining land qualifies as a good-faith
claimant. The GLO will make this determination.
What has to happen before the GLO will grant or amend a patent? - ANSWER-the good-
faith claimant must obtain a re-survey of the land and submit the surveyor's report. The
required report normally includes field notes, sketches, deeds, abstracts, other
surveyor's reports, the surveyor's professional opinion of the original survey's
construction, notes on bearings, distances, landmarks and professional conclusions
based on factual observations.
What does "Metes" mean - ANSWER-identifies a beginning point and then describes
each course in a sequence around the perimeter of the tract until the point of beginning
is reached again to complete the description of the perimeter. "Measurements"
What does "Bounds" mean - ANSWER-defines the boundaries of a tract of land by
identifying adjoiners, monuments, but does not typically provide a directions.
What is a Deed? - ANSWER-must be in writing, must be in legal terminology, parties to a
deed must be competent (not a minor or unsound mind). Must be a grantor (seller) and
grantee (buyer) and should be clearly defined, must be a valid consideration (example
$10), must be signed, acknowledged (notarized) and delivered to the grantee.
Warranty Deed - ANSWER-Grantors proclaim that they are the lawful owners of the real
estate and binds them, heirs, and assigned and warrant forever and defend the property
to the grantees, heirs and assigns against every person who lawfully claims it or any
part of it.
Quit-claim deed - ANSWER-A deed that conveys all interest in a property which the
grantor may or may not have, and gives no warranties as to the condition of title. Its
primary use is to remove clouds from the title.
Deed of Trust - ANSWER-A deed to real property, which serves the same purpose as a
mortgage, involving three parties instead of two. The third party holds naked title for the
benefit of the lender. Beneficiary (Lender), Trustor (Borrower), Trustee (Third Party)
where the original land grant was made under the civil law prior to December 14, 1837.
(water flows most of a year)
What is a headright - ANSWER-A head of family or single man is given a certain amount
of acres to move to a certain part, to attract more people to a given area. In turn it
brought in money via taxes to the Texas government.
First Class Headright - ANSWER-Arrived before March 2, 1836.
Head of family received 1 League (4,428.4 acres) and 1 labor (177.1 acres)
Single men received 1/3 league (1,476.1 acres)
Second Class Headright - ANSWER-Arrived AFTER March 2, 1836 but before October
1, 1837.
Head of family received 1,280 acres.
Single men received 640 acres
Third Class Headright - ANSWER-Arrived AFTER October 1, 1837 but before January 1,
1840
Head of family received 640 acres
Single Men received 320 acres
Fourth Class Headright - ANSWER-Arrived AFTER January 1, 1840 but before January
1, 1842
Head of family received 640 acres (same as third class)
Single men received 320 acres (same as third class)
,However, they were required to cultivate 10 acres for crop use (delayed timing of patent
and certificate)
Stafford V King - ANSWER-Decided April 1867 (Volume 30, Texas Supreme Court Page
257)
Established Dignity/priority of calls, follow the "footsteps" of the original surveyor, called
monuments are paramount.
'It is the duty of the surveyor of the land to run around the land located, and to see that
such objects are designated as will clearly delineate the locality; and to call for these
objects, natural or artificial, in his field notes. Even if found that the land was not
surveyed, if the monuments are found, they will hold.'
Dignity of Calls - ANSWER-1. Natural Monuments (Rivers, Moutains, trees etc.)
2. Artificial Monuments (Rebar, pipes, rock mounds, adjoining calls and manmade
objects)
3. Bearings and angles (Courses)
4. Distances
5. Area (acreage0
Pre-emption Grant - ANSWER-Similar to the headright grants, pre-emption grants were
made after statehood. From 1845 and 1854 homesteaders could claim 320 acres. From
1854 and 1856, and 1866 to 1898, up to 160 acres could be claimed. Homesteaders
were required to live on the land for three years and make improvements (such as
building a barn) in order to qualify for a pre-emptive grant of 160 acres.
Donation - ANSWER-640 acres were donated to soldiers by the Republic of Texas who
participated in specific battles during the Texas Revolution
Porciones - ANSWER-The land was to be divided on the basis of merit and seniority,
with the colonists divided into three categories: original, old and recent settlers. Due to
the shortage of water and the importance of irrigation for agriculture in the region, the
commissioners surveyed long, thin strips of land, each with narrow frontage on a water
course. These elongated quadrangles were known as porciones.
Bounty Certificates - ANSWER-Issued to soldiers and to families of deceased soldiers by
the Republic and State of Texas in payment for military service. The size of the grant
varied according to circumstances from 160 acres to 1,280 acres. The act of December
21, 1837, provided for donation certificates of 640 acres each to all persons who had
engaged in the Battle of San Jacinto, an act of 1879 certificates for an additional 640
acres were granted under stringent restrictions to indigent veterans of the Texas
Revolution. In 1881 the state voted to issue bounty warrants for 1, 280 acres to
Confederate veterans who had been permanently disables in service.
Scrip - ANSWER-an act of December 10, 1836, authorized the issuance of land scrip for
sale in the United States at not less than fifty-five cents an acre, the proceeds of the
, sale to be applied to the public dept. The scrip was often called Toby Scrip, for Thomas
Toby of the Toby and Brother Company of New Orleans, the chief scrip agent
Homestead Donations - ANSWER-In response to that recommendation the legislature of
Coahuila and Texas enacted Decree no. 70 of 1829 to exempt from creditors' claims
lands received from the sovereign as well as certain movable property. Although that
act was repealed in 1831, the principle remained in alive in Texans' mind and was a
model for the Texas act of 1839, which protected the home of a family from seizure by a
creditor.
Railroad Blocks - ANSWER-Generally laid out in blocks and sections. A section is a mile
by a mile.
Vacancy - ANSWER-Land vacancy is unconveyed or unpatented land lying between two
surveys and not covered by any deed or description.
When can a vacancy occur within the bounds of an original patent? - ANSWER-A good-
faith claimant has a preferential right to purchase or lease the vacancy from the GLO
A good-faith claimant - ANSWER-Someone who has occupied or used the land for at
least ten years. A person who purchased land that a seller has occupied or used for ten
years or more, believing that he or she owned the land, is also considered a good-faith
claimant. In some cases the owner of the adjoining land qualifies as a good-faith
claimant. The GLO will make this determination.
What has to happen before the GLO will grant or amend a patent? - ANSWER-the good-
faith claimant must obtain a re-survey of the land and submit the surveyor's report. The
required report normally includes field notes, sketches, deeds, abstracts, other
surveyor's reports, the surveyor's professional opinion of the original survey's
construction, notes on bearings, distances, landmarks and professional conclusions
based on factual observations.
What does "Metes" mean - ANSWER-identifies a beginning point and then describes
each course in a sequence around the perimeter of the tract until the point of beginning
is reached again to complete the description of the perimeter. "Measurements"
What does "Bounds" mean - ANSWER-defines the boundaries of a tract of land by
identifying adjoiners, monuments, but does not typically provide a directions.
What is a Deed? - ANSWER-must be in writing, must be in legal terminology, parties to a
deed must be competent (not a minor or unsound mind). Must be a grantor (seller) and
grantee (buyer) and should be clearly defined, must be a valid consideration (example
$10), must be signed, acknowledged (notarized) and delivered to the grantee.
Warranty Deed - ANSWER-Grantors proclaim that they are the lawful owners of the real
estate and binds them, heirs, and assigned and warrant forever and defend the property
to the grantees, heirs and assigns against every person who lawfully claims it or any
part of it.
Quit-claim deed - ANSWER-A deed that conveys all interest in a property which the
grantor may or may not have, and gives no warranties as to the condition of title. Its
primary use is to remove clouds from the title.
Deed of Trust - ANSWER-A deed to real property, which serves the same purpose as a
mortgage, involving three parties instead of two. The third party holds naked title for the
benefit of the lender. Beneficiary (Lender), Trustor (Borrower), Trustee (Third Party)
