Marvin Mandel, Governor                       1101

13-105. Proceeding to obtain patent commenced by filing applica-
tion for warrant; certain forms of warrant abolished; con-
tents, signing and verification of application; effect of
certain interests; death and substitution of applicant;
attorney.

(a) Application required.—A proceeding to obtain a patent
shall be commenced by filing with the Commissioner an application
for a warrant to survey vacant land, a warrant to resurvey any land
then owned in fee simple absolute by the applicant, or a warrant to
resurvey any land then owned in fee simple absolute by the applicant
and to add thereto any contiguous vacant land. All other forms of
warrants, including common warrants, special warrants, escheat
warrants, and proclamation warrants are abolished.

(b)    Contents of application.—The application shall contain:

(1)    The name and address of the applicant;

(2)    The county and election district in which the property for
which patent is sought is located;

(3)    Separate descriptions of any vacant land and any land then
owned by the applicant for which a patent is sought, and the esti-
mated acreage contained within each such description. Such de-
scriptions shall be made by specific reference to the names and ad-
dresses 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.

(4) In cases where either type of warrant to resurvey is re-
quested, 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.

(5)    A statement that no person other than the applicant and those
under whom he claims title has held and possessed the described
land continuously during the period of twenty years next pre-
ceding the date of filing the application.

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

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

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

(9)    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 per-
son 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 re-
surveyed. For purposes of a proceeding to obtain a patent, the exist-