10.003 Survey Needed to Clarify Boundary Line Discrepancy

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Requirement 10.003

Survey Needed to Clarify Boundary Line Discrepancy

 

 Survey Needed to Clarify Boundary Discrepancy:  Stephen F. Austin acquired from Sam Houston and wife by warranty deed dated January 15, 1969, and recorded in Deed Book 11, page 15, record title to Tract 5, which is a 6.55 acre tract located in the Northeast corner of the SW¼ of Section 9. The east side of the rectangular Tract 5 ran from the center of Section 9 southwardly 461 feet along the half section line. The north side of Tract 5 ran 619 feet westwardly from the center of Section 9 along the half section line.

 By deed acknowledged on September 15, 1971, and recorded in Deed Book 12, page 15, Stephen F. Austin conveyed Tract 6 to James Bowie. Tract 6, as described in the Austin-Bowie deed, commenced 232 feet north of the northeast corner of the SE¼ of the NE¼ of the SW¼ of Section 9 and ran west 619 feet.  Hence the description in the Austin-Bowie deed extended Tract 6 into Tract 5 to the north by an additional 33.4 feet, if Section 9 is a regular section.  The discrepancy appears to result from the different starting points for the descriptions of Tracts 5 and 6.  Tract 5 starts from the center of Section 9, and Tract 6 starts from the northeast corner of the SE¼ of the NE¼ of the SW¼ of Section 9.

 Without the benefit of the survey requested in Requirement 2 on page 4 of this opinion, we cannot evaluate the significance of the boundary discrepancies between Tracts 5 and 6. Your leases covering Tracts 5 and 6 both contain “Mother Hubbard” clauses that would pick up the 33.4 foot strip.  Therefore, the boundary discrepancy will not impact your title and right to drill and produce from Tracts 5 and 6.

 Requirement:  If you obtain production from the captioned property, we may request further curative materials in a supplemental requirement after we have reviewed the curative materials submitted in response to Requirement 2 on page 4 of this opinion.

Copyright 2011 by Edward G, Hawkins. All rights reserved.