LAND VACANCY. A land vacancy is unconveyed or unpatented land lying between two surveys and not covered by any deed or description. These unowned plots of land, ranging in size from less than an acre to several hundred acres, formerly occurred widely over Texas, particularly in the older, unsectioned areas, and in 1940 were estimated to amount to as much as 5 percent of the total area of the state. Such vacancies arose because of inaccurate surveying in making original grants and titles. The amount and location of vacancies are unknown, but when any vacancy is discovered it is subject to purchase by any citizen. As the statute of limitations does not operate against the state, the state retains the ownership of undiscovered vacancies and will lease or convey a title to a discovered vacancy under provisions of an act of the Forty-sixth Legislature, June 19, 1939, directed against vacancy seizure by land grabbers.
Image Use Disclaimer
All copyrighted materials included within the Handbook of Texas Online are in accordance with Title 17 U.S.C. Section 107 related to Copyright and “Fair Use” for Non-Profit educational institutions, which permits the Texas State Historical Association (TSHA), to utilize copyrighted materials to further scholarship, education, and inform the public. The TSHA makes every effort to conform to the principles of fair use and to comply with copyright law.
For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml
If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner.
The following, adapted from the Chicago Manual of Style, 15th edition, is the preferred citation for this article.Handbook of Texas Online, "Land Vacancy," accessed October 24, 2016, http://www.tshaonline.org/handbook/online/articles/pfl03.
Uploaded on June 15, 2010. Published by the Texas State Historical Association.