1. (a) Land selected by a veteran for purchase through the program must:

   1. (1) be situated in Texas;
   2. (2) contain at least five net acres (excluding land lying in public roads and/or canals);
   3. (3) have a good and marketable title;
   4. (4) be contiguous, if more than one tract of land is selected; and
   5. (5) have direct access to a public road. If the tract does not directly abut a public road, a perpetual access easement must be conveyed to the board. This easement must meet the county width requirement for publicly maintained roads and, in any event, must be at least 30 feet wide. The easement must be conveyed to the board by general warranty deed or dedicated to the public or subdivision owners. If the easement is conveyed to the board by deed, it must be described by metes and bounds. This description must contain specific tie calls to both the tract and a public road. If the easement is dedicated, the deed to the board must refer to the recording information of the subdivision plat or other dedication instrument. Easements and roads must be usable by standard automobiles during normal weather.
2. (b) The board will not purchase a tract of land which was wholly owned by the veteran or his spouse, separately or jointly, within 3 years of the date of application.
3. (c) If the veteran or his spouse owns an undivided interest in the land he or she has selected, the board may approve the application after the tract has been partitioned and a copy of the recorded partition instrument is furnished to the board. If the land is not partitioned, the board may nonetheless approve purchase of the tract. In that case the board will reduce the amount it will pay for the tract in proportion to the amount of the undivided interest retained.
4. (d) The board will not purchase land in which the seller or any prior owner is to retain any interest.
5. (e) The board will not approve any application the net effect of which is to refinance the purchase of a tract by a veteran or his spouse.
6. (f) A tract must be free and clear of all liens when the board takes title to it.
7. (g) The board reserves the right to refuse to purchase any tract for any reason.

Source Note:The provisions of this §175.3 adopted to be effective March 11, 1986, 11 TexReg 1005; amended to be effective November 10, 1986, 11 TexReg 4487.