Rural Land & Title Knowledge Catalog

A form of co-ownership (tenancy in common) where two or more individuals hold an undivided share of the entire property rather than specific physical acreage. Each co-tenant owns an undivided right to the whole tract. Any co-tenant possesses the full legal right to convey, sell, or mortgage their individual fractional interest without the consent of the other co-tenants.

A sworn legal instrument executed by disinterested witnesses who knew the deceased landowner and their family history. Under statutes such as Texas Estates Code Section 203.001, an Affidavit of Heirship on record for five years constitutes prima facie evidence of heirship, allowing title companies to insure conveyances without expensive formal probate litigation.

A legal foreclosure action brought by a county tax appraisal district against a delinquent parcel. Statutory interest accumulates at 1% per month (12% per year), plus statutory collection attorney penalties (up to 20%). If unpaid, the District Court issues an Order of Sale, and the county sheriff auctions the land on the courthouse steps to the highest cash bidder.

The statutory right of a former owner to repurchase land sold at a tax foreclosure auction within a specified period (in Texas: 2 years for homestead/agricultural land, 180 days for other real property; in Wyoming: up to 4 years). The redeeming owner must pay the auction purchaser the bid amount plus statutory penalties (typically 25% to 50%).

A formal, written, and recorded right-of-way grant that runs with the land perpetually. It binds all future owners of the servient estate (the land crossed) to provide permanent legal access to the dominant estate (the benefited property). Title insurance underwriters strictly mandate express recorded easements to insure legal ingress and egress.

A common misconception that using a neighbor's road for decades automatically grants legal access. Under real estate law, if the initial use was permissive (friendly handshake), it can never mature into a prescriptive easement, no matter how many years pass. The neighbor can revoke permission and padlock the gate at any time.

In Texas and oil-producing states, the mineral estate is legally dominant over the surface estate. Mineral owners have the implied legal right to use as much of the surface as reasonably necessary to explore, drill, and produce hydrocarbons. The landmark case Getty Oil Co. v. Jones (Tex. 1971) established the Accommodation Doctrine, requiring operators to accommodate existing surface uses if reasonable alternatives exist.

A state-sponsored loan program providing eligible Texas military veterans and military spouses with fixed-rate financing to purchase raw land up to $150,000 with only a 5% down payment over 30-year terms. Mandatory requirements include a minimum 1.000 acre tract, licensed boundary survey closure, and 30-foot deeded ingress access to a public road.

A federal agricultural credit program administered by County USDA Farm Service Agency centers. Military veterans receive targeted set-aside funding, 0% to 5% down payment requirements, up to $600,000 in direct financing, and 40-year repayment terms for purchasing farmland, livestock acreage, or agricultural timberland.

The rigorous landman standard of auditing every conveyance, deed, court decree, and sovereign grant starting with the original State or Federal Land Patent and following every link of ownership up to the present day. Unlike superficial 30-year retail title searches, a patent-to-present audit uncovers ancient unreleased liens, severed mineral rights, and broken heirship links.