LAND EXCESS. Land excess is land over and above the amount titled from the state in a particular survey. An excess exists when landmarks defining the boundaries of a certain tract prove that the tract includes more land than was specified in the original grant or patent. The owner of the tract, and only the owner, may, but is not compelled to, purchase the excess from the state. Should the owner take the opportunity to prove his title to the excess while his landmarks are still existent, his application for purchase is made through the General Land Office. See also PUBLIC LANDS.
History and Disposition of the Texas Public Domain (Austin: Texas General Land Office, 1942; 2d ed. 1945). Aldon Socrates Lang, Financial History of the Public Lands in Texas (Baylor Bulletin 35.3, Waco: Baylor University, 1932; rpt., New York: Arno Press, 1979). Thomas L. Miller, The Public Lands of Texas, 1519–1970 (Norman: University of Oklahoma Press, 1972).