# Is this real or a scam?



## kunder3006 (Aug 12, 2005)

*$2500 Lot on Matagorda Island Peninsula*

Reply to: [email protected]
Date: 2007-10-09, 3:32PM CDT

A lot ( 1/8 Acre - 5445 sq. foot) on Matagorda Island Peninsula. No hidden financing & No Payments! 
The lot is of undivided interest in a tract of 5735.34 acres on the island, Undivided interest means you have hunting (duck, geese, dove, quail, whitetail) and fishing rights to the whole 5735.34 acre tract! The Redfish and Sea Trout fishing are some of the best in the state.

You have building rights anywhere on the island as long you follow the Texas State laws (See below) You Pick the spot where you want to build. There is no time limit to build, and there are no age restrictions.

You have access to roughly 22 miles of secluded beautiful Texas Gulf of Mexico Sand beaches.

An airplane landing strip is available on the island, as well as, a boat landing bulk head.

Link to other information about the area fishing. 
Matagordabay.com

This lot offers an excellent investment opportunity in my opinion, since property values in the Coastal Bend area of Texas have been rising dramatically over the past 5 years. This is a trend that is very likely to continue, until all of the many millions of soon-to-be retirees have found out about the Coast Bend Area.

I accept paypal, money orders, and personal checks (allow 2 weeks to clear) for payment. Upon receipt of payment a Texas Warranty deed will be filed at the Matagorda County Texas courthouse and Matagorda County Clerk will mail you the original warranty deed. There is a $11.00 deed filing charge that the county clerk charges which will be added to the selling price.

If you have any other specific questions feel free to call me - 361-652-1910.

LEGAL PROPERTY DESCRIPTION:

An undivided interest of 0.00217 % of 5, 735.34 acres (which is an interest of 1/8 acre) in the unimproved area of Matagorda Peninsula, Matagorda County, Texas and more particularly described as follows: the Surface Estate Only of the Elijah Decrow 1/3 League, Abstract No. 141, J Allen Survey, Abstract No. 110, J Tilley Labor, Abstract No 395, and all that part of the Elizabeth Green League, Abstract No. 165, described as Damage Parcel No. 4, as such Damage Parcel is described in Second amendment to Declaration of Taking filed in Civil Action No. 55 in the United States District Court for the Southern District of Texas, Galveston Division, a copy of which appears of record in Volume 265, at Page 548, of the Deed Records of Matagorda County, Texas; and being all of that part of Matagorda Peninsula lying West of the East line of said damage Parcel No.4, above referred to; together with all of my right, title and interest in and to all improvements thereon.

Disclaimers:

You the "Buyer" are accepting the property "as is" and in its condition on the date of closing. You are not relying upon any representations, statements, assertions, or non-assertions by Seller. You are relying solely upon your examination of the property. No title policy will be furnished by Seller.

The Texas Real Estate Commission recommends the following disclaimer to be given by the seller to the buyer. Seller advises Buyer that Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is to be obtained, Buyer should obtain a Commitment for Title Insurance that should be examined by an attorney of Buyer's choice at or before closing. You may purchase a title policy at your own expense and close the transaction through a title company.

My understanding is that a title company can confirm the chain of title but will not insure either that a specific portion of the tract is yours or that the acreage and location of the tract conform to the early survey. I would assume that erosion over the years has changed the acreage and dimensions of the tract from the early survey.

No owner of an undivided interest has an interest in any particular part of the tract. Each owner owns a proportional interest in all the acreage. That is, neither you nor any other owner is entitled to claim any particular portion of the tract unless the tract is formally partitioned by a court at some time in the future

The exact metes and bounds of the property are uncertain in that the property is bounded on two sides by ocean (Matagorda Bay on the inland side and the Gulf of Mexico on the coastal side). Barrier peninsulas and islands shift and erode.

Your interest is a surface interest only. That is, you have no interest in minerals (e.g., oil And gas).

Texas law (33.135 of the Texas Natural Resources Code) requires the following notice be given to you as the purchaser of property "located adjacent to tidally influenced, submerged lands" to-wit:

"NOTICE 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.

(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."

2.2 Texas law (61.025 of the Texas Natural Resources Code) requires the following notice be given to you as the purchaser of beach front property:

The real property described is located seaward of the Gulf Intracoastal waterway to its southernmost point and then seaward of the longitudinal line also known as 97 degrees 12' 19" which runs southerly to the international boundary from the intersection of the centerline of the Gulf Intracoastal Waterway and the Brownsville Ship Channel. If the property is in close proximity to a beach fronting the Gulf of Mexico, the purchaser is hereby advised that the public has acquired a right of use or easement to or over the area of any public beach by prescription, dedication, or presumption, or has retained a right by virtue of continuous right in the public since time immemorial, as recognized in law and custom.

The extreme seaward boundary of natural vegetation that spreads continuously inland customarily marked the landward boundary of the public easement is as provided by Section 61.016 and 61.017, Natural Resources Code.

State law prohibits any obstruction, barrier, restraint, or interference with the use of the public easement, including the placement of structures seaward of the landward boundary of the easement. STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE VEGETATION LINE AS A RESULT OF NATURAL PROCESSES ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE STRUCTURES.

The purchaser is hereby notified that the purchaser should seek the advice of an attorney or other qualified person before executing this contract or instrument of conveyance as to the relevance of these statutes and facts to the value of the property the purchaser is hereby purchasing or contracting to purchase.


Location: matagorda county
it's ok to contact this poster with services or other commercial interests


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## Slightly Dangerous (May 21, 2004)

No, it's not a scam. A lot of folks have purchased those interests but I think they were going for about $5,000 per acre so what he is selling for is a lot. The website www.portoconnor.com had some of those plots for sale in their classified section awhile back also.


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## chicapesca (Jun 7, 2004)

My uncle bought one years ago, and I have friends that have as well. Some have built and some just keep a vehicle over there. I believe the cabins on Decros Island are undivided acreage purchases.


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## TomCat (Jan 6, 2006)

Are utilities available? I don't think you can drill a well or install a sewer system on 1/8 acre.


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## Cap-N-Red (May 21, 2004)

TomCat said:


> Are utilities available? I don't think you can drill a well or install a sewer system on 1/8 acre.


No utilities of any kind


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## fishnlab (Jul 10, 2004)

It's not a scam and it's great for some folks. No utlities, so you are bringing everything in each time. Anything you build will probably not be insurable.


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## BS (May 24, 2004)

what do you do for septic with only 1/8 acre?

BS


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## triple f (Aug 23, 2005)

BS said:


> what do you do for septic with only 1/8 acre?
> 
> BS


5 gallon bucket, shovel, diesel and a match


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## Lezz Go (Jun 27, 2006)

It's an undivided interest deal. Too scary for me.


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