are recognized by contiguous land owners. If such corners and boundaries have not been established, then ascertain whether or not there are any existing boundary or corner disputes. Submit any survey plats which reflect the surveyed outline of Exam- ined Lands. Surface. Address the topographical features of the property, in particular as to whether or not there are any navigable waters or lakes upon the property or in the immediate vicinity thereof, and whether or not in recent history the property has constituted a portion of a lake bottom or been tra- versed by any navigable streams. B. C. Land Use. Discuss whether or not any agri- cultural activities have taken place upon the prop- erty, if so giving dates and nature of such activi- ties and names of parties conducting same. Discuss whether or not there has been any timber harvested from the property, and, if so, set forth dates of such harvesting and names of parties conducting same. State whether or not there have been any forestry enhancement activities on the properties. Address whether or not there have been any hunting leases; grazing leases, agricultural leases, or any other like and similar agreements entered into. Structures and Improvements. Determine whether or not there are or have been any houses, churches, cemeteries, schools, public buildings, barns, silos, equipment sheds, mobile homes, or other like and similar structures on the property, and if so, determine who constructed same, wheth- er or not they are presently occupied or in use, and if so, by whom, for what purpose, and under whose authority. Please furnish a plat of the lands showing the location of any such structures. D. E. Possession. If anyone other than the record title owners as set forth above are in possession of the surface of Examined Lands, then address who, the type of possession, dates of possession, and whether or not they are claiming adverse to the record owners. In the event there is a person who claims title to the property, either past or present,
through adverse possession, then inquire as to those parties in the chain of record title as to whether or not there have been any conveyances of the surface, minerals or royalties by such record title holders to other parties, and whether or not to their knowledge such conveyances have not been placed of record. Rights-of-Way and Servitudes. Address whether or not there are any roads, pipelines, utility lines, microwave towers, or other like and similar rights-of-way or servitudes on the Examined Lands. Address with particularity the dates same were con- structed, whether or not they are in use and if so by whom. F. G. Exploration and Production Facilities. De- termine whether or not there are any present oil and gas operations being conducted on Examined Lands and whether or not there have been any oil and gas operations in the past including, but not limited to, any old locations or facilities which have been plugged and abandoned, or locations temporarily abandoned but not plugged. When applicable to any of the above, please address with detail the history surrounding the matters, in- cluding names, years, and dates.
Affidavit of Adverse Possession
B.
An affidavit of adverse possession is somewhat similar to the affidavit of use and occupancy by the underlying facts requested in the title requirement. However, the title examiner needs to alert the landman/affiant which statute will be relied on (5, 10 or 25 year statute - See Texas Statutes and Code (2008), Civil Practice and Remedies Code, Title 2. Trial, Judgment, and Appeal, Subtitle B. Trial Matters, Chapter 16. Limitations) The nature of the possession will be developed from the facts set forth by the affiant much in the same way as those set forth in the use and occupancy affidavit. It has become the recent practice of the author, where an affidavit of adverse possession is called for, to also call for an affidavit of use and occupancy since the focus of these two affidavits is somewhat dissimilar. The
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N a t i o n a l A s s o c i a t i o n o f D i v i s i o n O r d e r A n a l y s t s
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