Sec. 34.043. SALE OF RURAL PROPERTY. (a) If real property taken in execution is not located in a city or town, the defendant in the writ who holds legal or equitable title to the property may divide the property into lots of not less than 50 acres and designate the order in which those lots shall be sold.
(b) The defendant must present to the executing officer:
(1) a plat of the property as divided and as surveyed by the county surveyor of the county in which the property is located; and
(2) field notes of each numbered lot with a certificate of the county surveyor certifying that the notes are correct.
(c) The defendant must present the plat and field notes to the executing officer before the sale at a time that will not delay the sale as advertised.
(d) When a sufficient number of the lots are sold to satisfy the amount of the execution, the officer shall stop the sale.
(e) The defendant shall pay the expenses of the survey and the sale, and those expenses do not constitute an additional cost in the case.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
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