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Session Laws, 1967
Volume 681, Page 721   View pdf image (33K)
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SPIRO T. AGNEW, Governor                         721

acreage contained within each such description. Such descriptions
shall be made by specific reference to the names and addresses of the
owners of all adjoining tracts or parcels of land as shown on the
assessment records of the county in which such land is situated; and
a metes and bounds description is not required in the application,
(iv) In cases where either type of warrant of resurvey is
requested, a certified copy of the instruments by which the applicant
acquired fee simple absolute title and, if such instruments do not
contain a metes and bounds description of the land, a certified copy
of the last instrument in the chain of title of such applicant which
does contain such description.

(v) A statement that no person other than the applicant and
those under whom he claims title has held and possessed the
described land for twenty years next preceding the date of filing the
application.

(vi) The name and address of the surveyor to whom the warrant
is to be directed.

(vii) The name to be given to the tract to be surveyed and/or
resurveyed if a patent is issued.

(viii) Any other information required by the Commissioner
from time to time by rule.

(ix) A request for the issuance of one of the specific types of
warrant referred to in subsection (a) and the issuance of a patent
for the land described in the certificate returned upon such warrant.

(c)    Signature and verification; effect of certain interests. An
application shall be signed and verified by the affidavit of each
person named as an applicant. An application for either form of
warrant to resurvey shall be signed and verified by all persons
entitled to a fee simple absolute interest in the property to be
resurveyed. For purposes of a proceeding to obtain a patent, the
existence of a mortgage or deed of trust or of easements, rights of
way or similar interests for public utility purposes shall not be
deemed to qualify the estate of an applicant; but no patent issued
hereunder shall in any manner affect or impair such mortgage, deed
of trust, easement, right of way, or other interest.

(d)    Death and substitution of applicant. Upon the death of an
applicant during any proceeding or upon assignment of his rights
in the application, warrant, or certificate of survey or in the land
embraced within the description contained in the application, the
assignee, heir or devisee of such applicant may be substituted for
the applicant at any stage in the proceeding. Request for substitution
shall be made in writing, shall state the manner in which the person
desiring substitution succeeded to the rights of the original applicant,
shall contain the original or certified copies of all documents by
which such succession of interest was effected, and shall contain an
affidavit of the person desiring substitution of the truth and com-
pleteness of the request and of the original application. Upon the
filing of such request, the person named therein shall be substituted
as the applicant for all purposes in the proceeding.

(e)    Attorney. Except as provided in subsections (c) and (d),
any papers filed in any proceeding by an applicant may be filed by
his attorney; and notice to an applicant may at all times be given to


 

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Session Laws, 1967
Volume 681, Page 721   View pdf image (33K)
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