What right does a grantee have when a patent of land is found to be in excess, according to Findlay V. State?

Prepare for the Texas State Specific Exam (TSSE) for Land Surveying. Utilize flashcards and multiple choice questions with explanations. Ace your test!

In the context of Findlay V. State, the grantee has the right to buy any excess land from the State at its current market value. This legal precedent acknowledges the situation where a land patent is found to include more land than was originally granted. The law permits the grantee to acquire this excess land officially rather than simply taking it without compensation or disregarding it altogether. This approach ensures a fair transaction and respects the rights of the State as the original owner of the land.

The option that suggests claiming any excess without payment does not align with legal principles concerning property rights, which typically require compensation for land ownership changes. Likewise, negotiating a lower price or ignoring the excess would undermine the legal framework surrounding property ownership and the responsibilities imposed on grantees upon discovering excess land. Thus, the correct choice emphasizes the need for a legitimate purchasing process to acquire the additional land, reflecting the importance of upholding property law and ensuring fair handling of land rights.

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