Do You Need a Survey When Buying a House in Texas?

When buying a house in Texas, many buyers focus on the obvious things first: the price, the neighborhood, inspections, financing, and the closing date.

But one issue that buyers sometimes overlook is the property survey.

A survey when buying a house in Texas may not seem exciting, but it can reveal important information about the property before closing. In some cases, a survey may identify boundary disputes, encroachments, easements, fence issues, or title concerns that could affect ownership rights or create problems later.

At Walter Law, PLLC, we help buyers, sellers, property owners, and families throughout San Antonio, Bexar County, Schertz, Cibolo, New Braunfels, Boerne, and surrounding Central Texas communities understand real estate contracts, title issues, deed transfers, property disputes, and survey-related concerns before small issues become larger problems.

If you are buying property, here is what you should know about surveys in Texas real estate transactions.

What Is a Property Survey?

A property survey is a drawing or map prepared by a licensed surveyor showing the boundaries and certain features of a property.

A survey may identify:

• Property boundary lines

• Fence locations

• Easements

• Improvements

• Encroachments

• Structures

• Driveways

• Utility lines

• Building setbacks

• Access issues

• Floodplain information

• Neighboring improvements affecting the property

In many residential transactions, the survey becomes an important part of the title and closing process.

Do You Need a Survey When Buying a House in Texas?

In many situations, buyers should strongly consider reviewing a survey before closing.

A survey helps confirm what the buyer is actually purchasing and whether any visible or hidden issues may affect the property.

Without a survey, buyers may not discover problems involving:

• Fence lines

• Shared driveways

• Encroachments

• Easements

• Building placement

• Boundary disputes

• Access rights

• Improvements crossing property lines

• Title issues

Some buyers assume the fence automatically marks the property boundary. That is not always true.

A survey may reveal that:

• A fence crosses onto neighboring property

• A structure encroaches across a boundary line

• A driveway partially sits on another property

• An easement affects how the property may be used

• Improvements violate setback requirements

These issues can become expensive and stressful after closing.

Can Buyers Use an Old Survey?

Sometimes sellers provide an existing survey from a prior transaction.

In Texas, buyers may sometimes receive a survey along with a document called a T-47 Residential Real Property Affidavit. The affidavit generally states that the seller is not aware of changes affecting the accuracy of the survey since it was prepared.

However, an older survey may not always reflect current conditions.

For example:

• A fence may have been moved

• A pool may have been added

• A shed may have been built

• An addition may have been constructed

• Landscaping changes may affect visibility

• New easements may exist

• Neighbor improvements may affect the property

Buyers should review whether the existing survey still appears accurate and acceptable for the transaction.

What Happens If There Is No Survey?

If there is no survey, buyers may have limited information about the exact boundaries and conditions affecting the property.

That can increase the risk of:

• Boundary disputes

• Encroachments

• Easement conflicts

• Title objections

• Access problems

• Fence disputes

• Unclear property lines

• Closing delays

In some transactions, the title company or lender may require a survey before closing.

Even when not strictly required, buyers should understand the risks of moving forward without one. Survey and title problems can become even more complicated when the property involves inherited land or unresolved probate and inherited property issues.

Who Pays for the Survey in Texas?

Who pays for the survey often depends on the contract negotiations.

In some transactions:

• The seller provides an existing survey

• The buyer pays for a new survey

• The parties negotiate survey costs

• The title company helps coordinate survey requirements

The contract may address:

• Whether an existing survey will be used

• Whether a new survey is required

• Which party pays

• Survey objection deadlines

• What happens if issues are discovered

Because surveys can affect title review and closing timelines, buyers and sellers should understand survey terms before deadlines pass.

What Is an Easement?

A survey may reveal easements affecting the property.

An easement gives another person, company, or entity certain rights involving the land. Easements may affect how the property can be used or improved.

Examples may include:

• Utility easements

• Drainage easements

• Access easements

• Shared driveway easements

• Pipeline easements

• Electric or cable easements

An easement does not always prevent a purchase, but buyers should understand how it affects the property.

For example:

• A utility easement may limit where structures can be built

• A drainage easement may affect landscaping plans

• A shared access easement may affect privacy or use

• A pipeline easement may limit improvements

The survey and title commitment often work together to identify these issues.

What Is an Encroachment?

An encroachment happens when a structure or improvement crosses a property boundary line.

Examples may include:

• A fence crossing onto neighboring property

• A driveway extending over a line

• A garage or shed built too close to a boundary

• Landscaping improvements crossing onto another property

• Roof overhangs extending across lines

Encroachments can create disputes between neighbors and may affect financing, title insurance, future sales, or property use.

Sometimes the issue existed for years before anyone discovered it.

What Happens If a Survey Shows a Fence on the Wrong Property?

This is one of the most common survey-related disputes in Texas.

Many people assume the fence marks the legal boundary line, but fences are not always placed correctly. A survey may show that:

• The fence is partially on neighboring land

• A neighbor’s fence crosses onto the property

• Structures or improvements extend across the line

When this happens, questions may arise involving:

• Ownership rights

• Maintenance responsibilities

• Relocation costs

• Neighbor disputes

• Easement claims

• Property use

• Future sales

Fence disputes can quickly become emotional because both sides may believe the property belongs to them.

Why Surveys Matter for Title Issues

A survey may also help identify title concerns before closing.

Title issues may involve:

• Boundary discrepancies

• Easements

• Access concerns

• Encroachments

• Legal description errors

• Unrecorded improvements

• Shared-use problems

A title company may review the survey along with the title commitment to determine whether objections or exceptions exist.

Buyers should review both carefully before closing deadlines expire.

Surveys and New Construction Homes

Buyers of new construction homes should also pay attention to surveys.

Even with new construction, surveys may reveal:

• Easements

• Setback issues

• Lot line concerns

• Drainage areas

• Fence placement issues

• HOA restrictions

• Utility locations

New construction neighborhoods may also involve:

• Planned easements

• Future development nearby

• Shared drainage systems

• Utility corridors

• Architectural restrictions

A brand-new home does not eliminate the need to understand the land itself.

What Is a Survey Affidavit in Texas?

In some transactions, a seller may provide a T-47 Residential Real Property Affidavit along with an existing survey.

The affidavit generally states that:

• The seller is the owner

• The survey relates to the property

• The seller is not aware of changes affecting the survey’s accuracy

However, buyers should understand that a T-47 is not the same thing as a new survey. If conditions changed after the survey was prepared, the older survey may no longer accurately reflect the property.

What Happens If a Survey and Deed Do Not Match?

If a survey reveals inconsistencies involving the legal description or deed, additional review may be necessary.

Possible issues include:

• Incorrect legal descriptions

• Boundary discrepancies

• Overlapping property descriptions

• Missing portions of land

• Unclear ownership lines

• Prior deed errors

These problems may delay closing until the issue is investigated or resolved.

Can Survey Issues Delay Closing?

Yes.

Survey concerns can delay closing if:

• Encroachments are discovered

• Easements raise concerns

• Boundary lines are unclear

• Title objections arise

• Legal descriptions conflict

• Neighbor disputes appear

• Corrections are needed

The earlier survey issues are identified, the easier they may be to address.

What Should Buyers Review Before Closing?

Before closing, buyers should carefully review:

• The survey

• The title commitment

• Easements

• Fence locations

• Encroachments

• Access rights

• Property boundaries

• HOA restrictions

• Legal descriptions

• Inspection reports

• Seller disclosures

If something appears unclear, buyers should ask questions before signing final documents. Families dealing with inherited property may also benefit from estate planning tools for Texas families that help clarify ownership and avoid future title disputes.

When Should You Contact a Real Estate Attorney?

You should consider speaking with a real estate attorney if:

• The survey shows a boundary issue

• A fence appears on the wrong property

• Easements affect the property

• The title company raises concerns

• The survey and deed do not match

• You are involved in a neighbor dispute

• There are encroachments

• The property is inherited

• Access rights are unclear

• Closing is being delayed because of title or survey issues

Survey-related disputes can become expensive if ignored or misunderstood.

Walter Law, PLLC Helps Buyers and Sellers Navigate Survey and Title Issues

At Walter Law, PLLC, we help clients throughout San Antonio, Bexar County, Schertz, Cibolo, New Braunfels, Boerne, and surrounding Central Texas communities understand real estate contracts, title issues, deed concerns, boundary disputes, inherited property matters, and survey-related problems before closing or litigation becomes more complicated.

If you are buying, selling, or disputing property boundaries, make sure you understand your rights before moving forward.

Contact Walter Law, PLLC to schedule a consultation with a San Antonio real estate attorney.

FAQ

Do you need a survey when buying a house in Texas?

A survey is often important because it may reveal boundary issues, easements, fence problems, encroachments, title concerns, or access issues affecting the property.

Can I use an old survey in Texas?

Sometimes buyers use an existing survey with a T-47 affidavit, but buyers should confirm whether the survey still accurately reflects the property’s current condition.

Who pays for the survey in Texas?

Survey costs are often negotiated between the buyer and seller and may be addressed in the contract.

What does a property survey show?

A survey may show property boundaries, fences, easements, encroachments, structures, driveways, utility lines, setbacks, and other features affecting the property.

What is an encroachment in Texas real estate?

An encroachment occurs when a structure or improvement crosses a property boundary line, such as a fence, driveway, garage, or shed extending onto neighboring property.

What happens if a fence is on the wrong property?

A survey may reveal that a fence does not match the legal boundary line. This can create disputes involving ownership, maintenance, access, relocation costs, and property rights.

Can survey issues delay closing?

Yes. Boundary disputes, easements, title objections, legal description problems, and encroachments can delay closing until the issues are addressed.