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Land Ownership --US --Texas

Land Ownership --US --Texas. Land Ownership and the Cadastre. the cadastre : an official register of the boundaries (location), quantity, value and ownership of land often legally based on written descriptions, not maps

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Land Ownership --US --Texas

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  1. Land Ownership --US--Texas POEC 6381 Intro to GIS

  2. Land Ownership and the Cadastre • the cadastre: an official register of the boundaries (location), quantity, value and ownership of land • often legally based on written descriptions, not maps • descriptions may be inconsistent with maps and/or with “accepted practice/common knowledge” (e.g. a fence line) • legal description, map, value information often held by different organizational units • for most of US, foundation is the Public Land Survey System (PLSS): • established by Ordinance of Continental Congress in 1785 • amended multiple times since therefore rules/procedures/outcome may differ based on time area originally surveyed • currently administered by US Bureau of Land Management • does NOT apply in: original 13 colonies, Kentucky, Tennessee, West Virginia, Hawaii, Texas; (Ohio also has many variations) POEC 6381 Intro to GIS

  3. 160 acres 40 acres Descriptions of Land Ownership Section 11: 640 acres • Sectional descriptions: • N1/2 (of the) SW1/4 (of the) SW1/4 (of) Section 11 (within township) T30S, Range68W (from the) 6th. P.M. (principal meridian), containing approx 20.06 acres • metes and bounds (possibly with origin tied to a Section corner) • from a point 12,288ft south and 5,380.98 feet west of (...the NE corner of Section 11) running west 53.4ft; thence S. 9°- 19” E. 25.6 feet; thence...thence to the beginning, containing 1,945.10 square feet • Plat descriptions (with possible reference to a map): • being Lot 9 in Block G of Highland Addition No. 3 in the City of Richardson,Texas (according to map thereof recorded in Vol. 23, Page 157 of the Map records of Dallas County) • natural objects and adjoiners descriptions: • beginning at a stone in Green Hill Lane... !!! POEC 6381 Intro to GIS

  4. US Public Land Survey System • Section 11, Twn 30 S, Rng 68 West, of the 6th Principal Meridian • 24 by 24 mile quadrangles set from a principal meridian (e.g 6th P.M. is in Kansas) and a base line (Kansas/Nebraska line for the 6th) • north side <24mi ‘cos of convergence • quadrangles used for surveying but not identification • each quadrangle divided into 16 townships, each 6 by 6 miles (except for north side) • townships numbered north and south from base line (e.g. T30S) • ranges numbered east and west from meridian (e.g. R68W) • each township divided into 36 sections, each 1 by 1 mile (except for the last section in each row on the west (if west of the meridian) or the east (if east of the meridian) • sections numbered by continuously walking the rows, starting in the northeast corner • each section has 640 acres and may be further divided into: • four quadrants, or quarter sections, having 160 acres each • 16 quarter-quarter sections, having 40 acres each. • In rural areas, a survey monument should exist at each section corner (approx 2.8 million), and in some cases at quarter section corners also (Its a raster system!!) POEC 6381 Intro to GIS

  5. Definitions Associated with PLSS Initial point: the intersection of the principal meridian and base line of the survey principal meridian: a line running N/S thru the initial point along a true meridian of longitude base line: a line running E/W thru the initial point along a true parallel of latitude guide meridians: lines extending N/S from base line, usually at intervals of 24 miles east and west of principal meridian standard parallels: (correction lines) lines extending E/W from PM, usually at intervals of 24 miles north and south of base line POEC 6381 Intro to GIS

  6. GIS and the Cadastre • Most Cadastral recording systems are non-coordinate based, whereas GIS is coordinate-based (lat/long or XY) • generates technical challenge to incorporate into GIS • special software solutions required e.g. Arc/INFO COGO (coordinate geometry) for metes and bounds • although software could reproduce the PLSS mathematically, this would not suffice legally since the legally correct corner for a section is its surveyed monument, even if the monument is in the “wrong” place or even missing--and it is often both! • Often, GIS is the first time properties have been simultaneously mapped and many anomalies are revealed: • overlapping property boundaries • property under water, etc. POEC 6381 Intro to GIS

  7. Principal Meridians P.M. (e.g 6th) 1st Standard Parallel North Wyoming <24 24 Base 24 24 Nebraska Colorado 2nd Guide Meridian East 1st Standard Parallel South 24 6th Principal Meridian Base line for 6th P.M. <24 24 24 Kansas 24 24 2nd Standard Parallel South Quadrangles (24x24 miles) New Mexico P.M Indian P.M. Townships (6x6mi) Note: convergence is grossly exaggerated; meridians are straight and true north; parallels are curved on the ground R3E R2E R4E R5E R1E R2W R1W R4W R3W Twp4N Sections (1x1 mile) Twp3N Twp2N 6 5 4 3 2 1 Twp1N Twp1S 7 8 9 10 11 12 Twp2S range line Twp3S 18 17 16 15 14 13 Twp4S 19 20 21 22 23 24 Twp5S Twp6S 30 29 28 27 26 25 T6S, R2W of the 6th PM 31 32 33 34 35 36 township line POEC 6381 Intro to GIS

  8. Land Ownership in Texas Jack Lyle, RPLS University of Texas at Dallas POEC 6381 Intro to GIS

  9. The PLSS Does NOT Apply in Texas The Texas land system is NOT based on the United States’ PLSS but rather on a sequential grant system which evolved during Texas’ “Six Flags” history. Texas was originally a Spanish possession, then a Mexican territory, then an independent republic, a US State, a Confederate State, and, finally, a US State again. POEC 6381 Intro to GIS

  10. Spanish and Mexican Land Grants Prior to 1821, Texas was a province of Spain. One of the famous Spanish land grants was to Moses Austin in 1821 to settle 300 American families in Texas. Mexico overthrew the Spanish government in 1821 and continued the policy of making “empresario” grants to Americans and others (Irish, Germans, etc.). Lands were granted by “metes and bounds”. POEC 6381 Intro to GIS

  11. Metes and Bounds Conveyances Lands were not located in relation to an overall framework like the section/township system, but rather were individual, sequential conveyances described by metes and bounds. Metes – Calls for course and distance between boundary corners (South 45° West 1900 varas). Descriptive but not necessarily locative. Bounds – Calls for natural, artificial, and legal monuments that mark the boundaries of the land. These are the calls that actually “locate” the land being described. [The vara was set by statute in 1919 to be 33.33 inches or 2.777... feet. It is still the standard unit of measurement in Texas. Prior to 1919, there were varying ideas about the length of the vara.] POEC 6381 Intro to GIS

  12. Sequential Conveyances Unlike the PLSS where all the sections in a township are legally created simultaneously, sequential conveyances are created over a period of time, and “senior” rights develop. Since each conveyance is created independently, there is a possibility of vacancy (gap) and overlap between and among grants POEC 6381 Intro to GIS

  13. The Republic of Texas The newly formed Republic in 1836 recognized all valid grants made by the Spanish and Mexican governments. The Constitution of 1836 also provided that “all persons except Africans and Indians living in Texas on Declaration of Independence are entitled to a headright Grant… heads of families one league and one labor; single men seventeen years or older, one third of a league. League- 5000 varas square (about 4430 acres) Labor – 1000 varas square (about 177 acres) (A vara is 2.77.. feet. There are 640 acres in a square mile.) POEC 6381 Intro to GIS

  14. Subsequent Grants by the Republic Headrights and Bounties – Grants made to newcomers to encourage settlement. Donations to Veterans- Grants to veterans of San Jacinto and to the families of men killed at the Alamo Land Sold to Pay Public Debt – Land “script” was sold in the US for 50 cents per acre by act of 1836. Grants for Education – 50 leagues (221,400 acres) were set aside to found two universities POEC 6381 Intro to GIS

  15. Statehood Since Texas as an independent country had accumulated an approximately $8 million national debt, the US Senate was unwilling to admit it as a state, but a compromise was reached: Texas would be responsible for its own public debt, but would retain title to its own public lands as an asset to liquidate that debt. So, any land In Texas owned by the US Government was acquired by purchase or donation. The sovereign in Texas is Texas. POEC 6381 Intro to GIS

  16. State Grants Grants for Internal Improvements Grants to pay Public debts Grants to Railroads Grants for Education Grants for County Schools Legislation making all public land part of the permanent School Fund POEC 6381 Intro to GIS

  17. Texas Land System A series of sequential, metes and bounds conveyances of land from the sovereign to other ownership. All descriptions of grant conveyances are recorded with the General Land Office in Austin Each original grant is assigned an “abstract” number to track subsequent conveyances within the original grant. Subsequent conveyances within abstracts are recorded at the appropriate county courthouse. POEC 6381 Intro to GIS

  18. A Patchwork Quilt The result is a “patchwork quilt” of sequential conveyances prone to gaps and overlaps whose construction is predicated on correct application of statute and case law instead of purely geometrical constructions. Registered Professional Land Surveyors in Texas are expert at making measurements and interpreting written descriptions to establish land boundaries. POEC 6381 Intro to GIS

  19. Collin County Abstracts Example POEC 6381 Intro to GIS

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