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121 Cards in this Set
- Front
- Back
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What are the general classes of evidence? |
1. Indispensable 2. Primary 3. Secondary 4. Direct 5. Indirect 6. Extrinsic |
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How is seniority determined in private land conveyances? |
date of delivery or conveyance to the Grantee |
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What are the floor conditions required for estoppel to be granted? |
1. Must have knowingly made misleading statements or actions 2. believed the claimant would rely upon them 3. claimant must have been injured because of the actions 4. claimant must have been ignorant of the true facts |
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What are the 2 definitions of navigable river in Texas? |
1. Used for commerce or transportation 2. Retains and average width of 30 feet from the mouth up. |
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How many CEU hours are required for a 12 month period? |
12 hours with 3 of the 12 being on the Acts and rules or ethics |
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How many CEU hours can be carried over? |
8 hours |
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If an applicant has an intent to compromise the confidentiality of the examination, the board may do any one of the following: |
1. Impose the penalties and sanctions set out in the act 2. disqualify the applicant from taking future examinations for a period of 3 years 3. disqualify the applicant from taking future exams until the applicant successfully completes ethics course 4. disqualify the applicant from further consideration for certification or registration 5. invalidate the candidates examination. |
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At the end of an 8 year period if the SIT holder has not successfully completed registration but wishes to maintain SIT certification, he/she must.... |
be able to give written proof of the completion of at least 32 hours of CEUs and continue to complete 8 hours per year. |
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For violations with greater potential to jeopardize public health, safety, welfare, or property, the term of the probation may not be.... |
less than one year or more than 5 years |
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For violations with less potential to jeopardize public health, safety, welfare, or property, the term of the probation may not be... |
less than 6 months or more than one year |
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Who was the most successful empresario of the spanish-mexican period? |
Stephen F Austin |
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What was the first major construction project to be financed with public land? |
Building the state capitol |
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To be controlling, a monument must be... |
called for in the original conveyance |
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What is parol evidence? |
a statement from a former resident as to the location of an original corner |
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What is now the limit of off-shore control by the state of TX? |
3 marine leagues |
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What were the provisions of the ACT of 1883, establishing the School Land Board? |
classify lands and offer them for sale |
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What is a patent from the state? |
instrument by which the state sells, grants, or conveys its land |
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What were the reasons for US refusal to annex TX? |
15 million in debt and slavery |
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Under preemption sales and homestead acts, how long were settlers required to live on the tracts? |
3 years |
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Which is the chief agency for handling the public lands of the state of TX? |
General Land Office |
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What is a deed of Aquitance used for? |
to purchase excess acreage in original grant |
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The constitutional amendment of 1869 gave up which mineral rights the state previously held? |
All mineral rights |
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What is the highest factor in determining title rights? |
possession |
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What is the method most often used to determine ownership of new accretions? |
proportional shoreline method |
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Explain the small bill act of 1929. |
That state gave up their right to the bed of a stream if a property line crossed it |
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When was the Mexican period of TX? |
1821-1836 |
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What is a Porcione? |
a long, narrow land grant fronting on the Rio Grande |
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How many acres are in a section? |
640 acres |
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How big is a section? |
1 mile X 1 mile |
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What is reliction? |
the process of fast land being formed by the gradual, natural lowering of the water level |
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What is the basic unit of Spanish measurement? |
Vara |
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How big is a vara? |
2.78 feet or 33 1/3 inches |
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When is it proper to apply proportionate measurement to the location of property corners? |
when relocating lost corners in a platted subdivision |
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What 2 suits are filed in adverse possession cases? |
1. title owner files - trespass to try title 2. claimant files - suit to quiet title |
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When might direction and distance control over monuments found? |
when the monuments found are not the original monument or if their control is the clear intent |
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What is the difference between the thalweg and the thread of a stream? |
Thalweg - deepest channel of a river Thread - measured center |
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Who was the french explorer who brought settlers to TX in 1685? |
Rene Robert Cavalier de la Salle |
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What is a vacancy according to the 1939 act? |
unsurveyed portion of the public school lands not in conflict with an existing survey |
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Explain color of title |
any instrument which appears to make a conveyance but which includes some defect. The defect may be in the claimants title or in the previous conveyances in the chain of ownership. |
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What is the power of eminent domain? |
the right of sovereigns over citizens to take property for public use |
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What is the gradient boundary line of a river? |
a line of elevations halfway between the bed of the stream and the top of the bank |
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What is riparian? |
properties adjacent to rivers and streams |
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What is an existent corner? |
original monument |
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What is an obliterated corner? |
monument that has been disturbed or destroyed but has enough evidence to reestablish |
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What is a lost corner? |
monument is missing and no close evidence to reestablish |
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What is the difference between a lay witness and an expert witness? |
lay witness - only gives facts expert witness - can give opinions or conclusions |
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Name the ACT of 1829 which protected homeowners lands from seizure for debts. |
Homestead Exemption Decree |
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What are the 2 formats of descriptions? |
1. Graphic Description 2. Written Description |
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Land grants during Mexican Period (1821-1836) |
Heads of families - 1 league Single Men - 1/4 of a league Mexican citizens - can purchase up to 11 leagues |
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What is an easement? |
a nonpossessing, nonrevocable interest held by one person in land of another person |
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Which is the only type of written description to be used in title transfer? |
metes and bounds |
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The first surveys of public lands in the US were conducted under the provisions of which law? |
The land Ordinance ACT |
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Which parts of a conveyance are required by law? |
1. Description or Identification 2. Grantor & Grantee 3. Interest Conveyed 4. Conveyance intent 5. Valuable consideration |
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How many acres were granted for railroad expansion? |
over 32 million |
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Why did early Spanish missions fail? |
not enough support from Spain |
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List in their order the 3 types of monuments |
1. Natural 2. Artificial 3. Record |
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Adverse Possession |
method of acquiring title to property by long-term occupation |
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When do you use double proportionate measurement? |
used to restore a lost corner between 4 known corners on lines of equal importance |
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What is a Scrip? |
land certificate |
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Single proportionate measurement is applied when... |
applied to lost corners where one line has precedence over another. |
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How big is a township? |
6 miles X 6 miles |
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Boundary line
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dividing line between 2 parcels of land |
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In a state plan coordinate system, grid north lies which direction from true north for a point that is EAST of the central meridian? |
EAST
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When proportional measurement is used in a subdivision, how are street right-of-ways affected? |
street R.O.W does not get a proportional measurement. They get their called distance. |
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What does the term metes mean? |
to measure, or to assign by measure |
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What is a league? |
5000 varas square (4,428.4 acres) |
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Accretion |
from natural causes, land forms by imperceptible degrees upon the bank of a river or stream |
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Patent |
a conveyance from a sovereign power |
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The Star Polaris is located in which constellation? |
Ursa Minor (Little Dipper) |
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Public Domain |
Land and water in possession of and owned by TX, as distinguished by private lands and lands owned by individuals and corporations |
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List, in order, the 5 priority of calls for a surveyor |
1. Natural objects - rivers, creeks, mountains, etc... 2. Artificial objects = stakes, marks by surveyors, etc... 3. Bearing 4. Distance 5. Acreage |
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How many acres were originally granted for school purposes? |
52,300,000 |
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Littoral Rights |
rights to the sea or lakes similar to riparian rights |
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What is a thread of a stream? |
middle of a stream |
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Vacancies |
areas of unsurveyed land between existing grants |
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When was the Republic of Texas Administration? |
1836-1845 |
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Abstract Number |
A unique number assigned to the survey by the Texas General Land Office |
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Riparian Rights |
the rights of the owners of lands on the banks of watercourses, relating to the water, its use, and ownership of soil under the stream |
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What is a natural water course? |
if a permanent source sends a current of water down a channel, including a bed and banks Examples = brooks, creeks, rivers, and streams |
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Which surveyor's surveys are usually of public record? |
county surveyors or LSLS surveys |
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In a survey, what is the first step the surveyor shall take upon arrival at the job site? |
make contact with the adjacent land owners to let them know you are out there and to gather information |
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How can improvements be used to identify deed lines? |
if the improvements were constructed soon after the original survey and appeared to be built relying on the original monuments |
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Which European country was given control of the TX area by the pope in 1493? |
Spain |
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Which is superior in TX, Direction or Distance? |
Direction
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When would area control in locating title lines? |
only if it is clearly expressed intent or no other means of location of a tract |
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What are properties adjacent to lakes and the gulf of mexico called? |
littoral |
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Easement |
a limited and non-possessory interest in a tract of land |
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The mean high tide is calculated over a tidal cycle of.... |
18.6 years |
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Who was the first land commissioner? |
John P. Borden
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Labor |
1000 varas square (177.14 acres) |
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What is a bounds description? |
land described by calling for the adjoiners. |
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From 1895-1905, who was responsible for classification of public lands? |
county commissions |
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How is the width of a roadway dedicated by common law determined? |
if the title owner erects fences to set the roadway apart, the area between the fences would identify the dedicated right of way. |
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Cordel |
a hemp rope 50 varas long used for measuring |
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1836-1845 headright grants under the Republic of TX |
1st class married - 1 league and 1 labor single - 1/3 league and no residency requirements prior to 1836 2nd class married - 1280 acres single - 640 acres and must reside in TX 3 years - 1836-1837 3rd class married - 640 acres single - 320 acres - 1837-1840 4th class married - 640 acres single - 320 acres and must cultivate 10 acres 1840-1845 |
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Explain accretion, erosion, reliction, and avulsion |
Accretion - gradual increase in land surface
Erosion - gradual taking away of land Reliction - gradual withdrawal of water that exposes more land Avulsion - an observable change in streams, normally during a storm |
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How do you determine the location of the coastal boundary in a state of TX patent? |
mean high tide |
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When was the Spanish period of TX? |
1720-1821 |
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How do you determine the location of the coastal boundary in a Mexican land grant? |
The Spanish mean higher high tide |
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When was the State of TX Administration? |
1845-present |
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What is Las Sieta Partidas? |
civil law in Spain, and served as the basis for governing both Spain and her colonies |
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Survey Number |
a number as recorded on the surveyor's field notes on file at the TX General Land Office. Not available for all surveys. |
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How is seniority determined in public land conveyances? |
The date the surveyor put on his field notes submitted to the General Land Office |
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What is required of a description to make it valid? |
If the described tract can be located with certainty |
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What are the 4 possible parts of a description? |
1. Caption or preamble 2. Body 3. Qualifying Clause 4. Augmenting Clause |
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What is a lease? |
a written document by which the possession of land is given by the owner to another person for a specified period of time and for the rent specified. |
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What is the highest priority for use of water in State owned streams? |
domestic use |
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What does the term bounds mean? |
the external or limiting lines of any object or space |
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What features are recommended for good descriptions? |
1. mathematically correct 2. accurate and have a precision acceptable to the surveying profession 3. include enough info to make location certain in the future 4. brief but clear |
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What are the 2 ways tacking is allowed? |
1. Privity of estate 2. Inheritance |
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Name the 1819 Treaty in which the US gave up any claims to TX? |
The Adams-Onis Treat |
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Failure to pay taxes is an example of what type of unwritten conveyance |
statutory proceedings |
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What were the provisions of the 1881 grant to confederate veterans or their widows? |
receive 1280 acres if assets were less than $1000 |
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How may agreement be binding in TX? |
it consists of an oral contract between adjacent owners |
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Warranty deed is an example of |
a title guarantee |
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What are the 3 lines relative to all properties? |
Deed line Line, or limits, of possession Line of ownership |
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Until 1875, acts were passed granting how much land to each county for operation of public schools |
3 leagues |
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From 1854-1882, how much land would a railroad company receive for construction of a mile of tract? |
16 sections of land |
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What are the 4 types of evidence? |
1. Written 2. Parol 3. Real 4. Judicial Notice |
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Who was the first person to acquire permission to settle anglos in TX? |
Moses Austin |
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Who may purchase a vacancy and under what qualifications? |
Applicant - pay fees, have a survey, give good faith claimant 90 days to purchase Good Faith Claimant - adjoining owner must pay applicant all fees |
