This Comment discusses the history of Spanish and Mexican land grants in Texas and the complicated issues of: (1) recognizing the rights of original land grant owners; and (2) distinguishing what remedies, if any, shall be given to their heirs. Part II provides background of Spanish and Mexican land grants in Texas, including the provisions included in the Treaty of Guadalupe-Hidalgo, and the underlying cultural, political, and social issues. Part III discusses the history of general land grant case law and mineral estate case law in Texas. Part IV discusses the current obstacles that heirs face in bringing ancient land grant claims, which are subject to the current property laws in Texas. Finally, Part V explores the possible future for land grant disputes including the recent passage of HB 724, the current goals of heirs seeking recognition of their rights, and competing arguments on the fulfillment of those goals.
Spanish and Mexican Land Grants and Heirs' Rights to Unclaimed Mineral Estates in Texas,
Tex. A&M J. Real Prop. L.
Available at: https://scholarship.law.tamu.edu/journal-of-property-law/vol2/iss1/6