10.007 Possible Vacancies
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Possible Vacancies: Sam Houston acquired Tract 1 from Stephen F. Austin by deed dated October 3, 1987, and recorded in Book 1, page 15 (Abstract, page 24). Stephen F. Austin conveyed Tract 2 to James Bowie by deed dated November 22, 1988, and recorded in Deed Book 2, page 25 (Abstract, page 33). The deed from Austin to James Bowie conveyed Tract 2 by metes and bounds description that may or may not coincide with the government subdivision description contained in the deed to Tract 1 Austin to Houston. If the metes and bounds description does not coincide with the governmental subdivision, there is a possibility that Stephen F. Austin retained fee simple title to any vacancies arising from the use of the metes and bounds description.
Requirement: Unless you are willing to accept the risk that an open and unleased vacancy exists between Tracts 1 and 2, obtain a protective lease from Stephen F. Austin covering all his interests in Tracts 1 and 2.
Copyright 2011 by Edward G, Hawkins. All rights reserved.