CHAPTER 131. GENERAL PROVISIONS Sec.
131.1. Definitions.
131.2. Applications for patents.
131.3. Advertisement.
131.4. Caveat.
131.5. Review.§ 131.1. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Board—The Board of Property of the Department of Community Affairs of the Commonwealth.
Commission—The Pennsylvania Historical and Museum Commission.
Patent—The documentary evidence of title issued by the Commonwealth for the conveyance of unappropriated lands.§ 131.2. Applications for patents.
(a) An application for patent shall be accompanied by the following:
(1) A bank or postal money order or certified check, payable to the Commonwealth of Pennsylvania, in the amount of $25, which shall be forfeited if the applicant abandons or does not pursue the application.
(2) A narrative word description, certified, of the area for which a patent is applied.
(3) A receipt of payment from a registered professional surveyor or engineer for his services.
(4) A preliminary survey, certified, of the area for which a patent is applied.
(b) The preliminary survey shall be drawn to a scale of 100 rods to 1 inch except that a scale of 20 rods to 1 inch may be used when enlargement of the tract is necessary. The survey shall show the warrantee adjoiners and the present adjoiners and include a directional line and a line designating distances of 100, 200, 300, 400 and 500 rods. Where the area applied for is a part of a larger tract, the part applied for shall be shown by a heavier outline.
(c) In complying with the requirements of subsection (a)(2) and (4), 8 1/2 inches by 13 inches size paper shall be used. In cases when the size does not accommodate the tract it may be increased to a maximum size of 17 inches by 26 inches.
Cross References This section cited in 4 Pa. Code § 135.1 (relating to application for patents).
§ 131.3. Advertisement.
(a) The applicant shall cause advertisement to be made, completed and delivered with proof of publication, including receipt of payment to the publisher, to the Land Office Section, Historical and Museum Commission, Post Office Box 1026, Harrisburg, Pennsylvania 17108-1026, within 60 days after receipt of notice of publication and proof of publication forms from the Department.
(b) In the event proof of publication is not received by the Commission within the period of 60 days, the applicant shall, at the option of the Commission, be deemed to have abandoned the application.
(c) The advertisement shall run for 3-consecutive weeks in a newspaper of general circulation in the area where the land is situated.
Cross References This section cited in 4 Pa. Code § 133.1 (relating to board of appraisers); and 4 Pa. Code § 135.2 (relating to liens).
§ 131.4. Caveat.
A person having or asserting a claim for land to which application has been made may file a caveat with the Commission under § 133.3 or § 135.3 (relating to procedure for filing caveat). The caveat shall be filed prior to the granting of the patent.
§ 131.5. Review.
The Commission will review the application and the subsequent procedures and instruments upon receipt and approval of the following:
(1) Return of completed and executed survey form.
(2) Completed and executed calculation sheet.
(3) Receipt from surveyor or engineer for payment of services in making final survey.
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