This form sets out the mandatory notice under Tex. Nat. Res. Code § 33.135. The notice must be placed in a written executory contract for the sale, transfer, or conveyance of real property (other than a mineral, leasehold, or security interest) adjoining and abutting the tidally influenced waters of the State of Texas. Tex. Nat. Res. Code § 33.135(a). If the real property described in this section is sold, transferred, or conveyed without a written executory contract, this notice must be delivered to the grantee for execution and acknowledgment of receipt before the conveyance is recorded. Tex. Nat. Res. Code § 33.135(b). Failure to include this notice in a written executory contract is grounds for the purchaser to terminate the contract and have its earnest money returned. Tex. Nat. Res. Code § 33.135(c). Failure to provide this notice before closing, either in a written executory contract or in a separate written statement, is a deceptive act under Tex. Bus. & Com. Code § 17.46. Tex. Nat. Res. Code § 33.135(d).
Notice to Purchaser Regarding Coastal Area Property
(1)The real property described in and subject to this contract adjoins and shares a common boundary with the tidally influenced submerged lands of the state. The boundary is subject to change and can be determined accurately only by a survey on the ground made by a licensed state land surveyor in accordance with the original grant from the sovereign. The owner of the property described in this contract may gain or lose portions of the tract because of changes in the boundary.
NOTICE REGARDING COASTAL AREA PROPERTY
(2)The seller, transferor, or grantor has no knowledge of any prior fill as it relates to the property described in and subject to this contract.
(3)State law prohibits the use, encumbrance, construction, or placing of any structure in, on, or over state-owned submerged lands below the applicable tide line, without proper permission.
(4)The purchaser or grantee is hereby advised to seek the advice of an attorney or other qualified person as to the legal nature and effect of the facts set forth in this notice on the property described in and subject to this contract. Information regarding the location of the applicable tide line as to the property described in and subject to this contract may be obtained from the surveying division of the General Land Office in Austin.