How Seasonal Trends Affect Buying and Selling in The Woodlands TXIf you are navigating How Seasonal Trends Affect Buying and Selling in The Woodlands TX, this guide provides clarity and direction.
Dated: January 1 2006
Views: 728

Most Texas buyers and sellers think of a survey as a one-page map that comes with the title package. In reality, surveys in Texas fall into legally distinct categories with different standards, different scopes, and different levels of lender acceptance. Getting the wrong survey type, or reusing an existing survey without the proper affidavit, can delay closing, trigger a new survey requirement, or leave an encroachment undisclosed that costs tens of thousands of dollars to resolve.
TL;DR: Texas uses three primary survey formats: the TSPS Category 1B (Standard Land Survey) for most residential closings, the TSPS Category 1A (Land Title Survey) for transactions requiring easement and title commitment detail, and the ALTA/NSPS Land Title Survey for commercial and high-value transactions. Sellers can reuse an existing survey using the TDI-promulgated T-47 Residential Real Property Affidavit (effective November 1, 2024) if no improvements have been added since the survey date. Lenders in most residential transactions accept the T-47 plus an existing survey, but will require a new survey if the affidavit cannot be signed cleanly. A residential boundary survey in the Houston area typically costs $385 to $780. One addition, a pool, can blow up the entire affidavit and force a new survey.
The Texas Society of Professional Surveyors (TSPS), which has more than 1,600 members across 23 local chapters, publishes a Manual of Practice that governs how licensed surveyors in Texas categorize and deliver their work. Two categories apply directly to most residential and commercial real estate transactions in Texas.
Category 1B: TSPS Standard Land Survey
The Category 1B, also called a Standard Land Survey or boundary survey, is the most common survey you will encounter in a Texas residential closing. According to the TSPS Manual of Practice, this category delivers a comprehensive examination and reporting of significant factors affecting a tract's boundary lines. The survey plat shows the property boundary, applicable easements visible from the survey, evidence of adverse occupation or use along the perimeter lines, cemeteries (if present), area in acres or square feet, basis of bearing, adjoiner information, north arrow, and scale. The surveyor certifies the work with language specific to Category 1B.
What a Category 1B does not do is cross-reference a title commitment. It shows what the surveyor physically observes and can legally measure, but it does not pull the Schedule B exceptions from your title insurance commitment and map them onto the plat the way a more comprehensive survey does.
Category 1A: TSPS Land Title Survey
The Category 1A is a step up in scope. According to the TSPS Manual, this category delivers "a comprehensive examination and reporting of significant factors affecting a tract's boundary lines, right of way lines, and easements" and specifically states it "cannot be performed" without a title commitment or report. This survey integrates the recorded easements, right-of-way lines, and encumbrances from your title commitment into the plat, making it easier for the title insurer and lender to assess what is on the ground versus what is in the public record. Category 1A surveys are most common in commercial transactions, but they also appear in residential deals where lenders or buyers want the additional layer of title document integration.
ALTA/NSPS Land Title Survey
For commercial property, high-value residential developments, and transactions involving national lenders, the gold standard is the ALTA/NSPS Land Title Survey, governed by the joint standards published by the American Land Title Association and the National Society of Professional Surveyors. The most recent version of these standards was effective February 23, 2026, replacing the 2021 standards. According to DMC Henry Surveying's 2026 update guide, the 2026 standards require stricter lead times (the title commitment must be in the surveyor's hands before the clock starts), require surveyors to document "evidence of occupation" along the entire perimeter, and now mandate researching and reporting tax parcel numbers for all adjoining properties. If a survey contract is executed on or after February 23, 2026, these standards are mandatory.
The practical point for Texas residential buyers: if a national lender is involved in your purchase, particularly on a jumbo transaction or a purchase of a property with complex easements, the lender may specifically request an ALTA/NSPS survey. Standard Category 1B surveys remain governed by TSPS standards and are unaffected by the 2026 ALTA/NSPS update.
This is the document that creates the most confusion, and the most last-minute closing problems, in Texas real estate transactions.
The T-47 Residential Real Property Affidavit is a Texas Department of Insurance (TDI)-promulgated form. Its function is straightforward: when a seller has an existing survey on file, the title company needs the seller to certify that nothing has changed on the property since that survey was completed. If the seller can truthfully make that certification, the title company can issue area and boundary coverage using the old survey rather than requiring the buyer to pay for a new one.
The November 1, 2024 version of the T-47 (now in Sec. V of the TDI forms) made several significant changes. The form now requires the seller to certify back to the actual date of the survey, not to a seller-chosen date. This matters because many sellers used surveys from when they purchased the home, surveys that may predate their ownership by years. If the seller bought a home in 2019 using a 2016 survey, signing the T-47 now means certifying that there have been no changes since 2016, covering a period the seller did not occupy the property.
According to Texas National Title's analysis of the November 2024 changes, the T-47 also added a certification paragraph (4(c)) requiring the seller to attest that there have been no construction projects on immediately adjoining properties that occurred on or near the boundary of the Property. The update also introduced the T-47.1, a Declaration in Lieu of Affidavit that mirrors the T-47's content but does not require a notary, signed instead under penalty of perjury.
What the T-47 certifies (items 4a through 4d):
If any of these items cannot be certified cleanly, the seller must list them as exceptions. Once exceptions appear, the title company decides whether the existing survey plus exception language is still acceptable, or whether a new survey is required.
When a buyer is purchasing title insurance in Texas, the standard owner's policy includes an exception for matters that a survey would reveal. The buyer (and sometimes the lender) can request that this exception be removed, which is called "survey deletion" or obtaining area and boundary coverage. This is where the TDI endorsements come in.
The T-19 endorsement covers restrictions, encroachments, and minerals for an owner's policy. The T-19.1 endorsement is the version attached to an owner's policy and is labeled "Restrictions, Encroachments, Minerals." To issue T-19 or T-19.1 coverage, the title company must have a current survey and, if using an existing survey, a current T-47 affidavit signed by the seller.
According to Texas National Title's guide to the T-19.1 endorsement, if the survey shows existing encroachments, the coverage under the T-19.1 may need to be modified. An encroachment does not automatically prevent closing, but it does require disclosure and negotiation. The title company may insure over an encroachment if it determines the risk is acceptable, or it may require the encroachment to be resolved before issuing coverage.
Survey deletion and the T-19.1 endorsement are how buyers get the title company to stand behind boundary and area issues rather than carving them out of coverage. Buyers negotiating new purchase contracts should confirm whether the contract provides for survey deletion and which party bears that cost.

Encroachments are one of the most common survey findings in established Texas neighborhoods, and one of the least understood. An encroachment occurs when an improvement, whether it is your own or your neighbor's, is physically located on the wrong side of the legal property line.
Common encroachments in Texas residential neighborhoods include:
When a survey reveals an encroachment, there are four ways to handle it: resolve it before closing, negotiate a boundary line agreement, address it as an exception in the title policy, or walk away from the deal.
A boundary line agreement is a recorded document in which adjacent property owners acknowledge that the legal boundary lines govern, not the physical location of the encroaching improvement, and they agree on a course of action. According to real estate attorneys, boundary line agreements need to be recorded in the county deed records to be enforceable and to put future owners on notice.
Encroachments that have existed for more than 10 years bring another issue into play: Texas adverse possession.
If someone has openly and continuously used a piece of your property for 10 years or more, they may have a legal basis to claim ownership of it under Texas Civil Practice and Remedies Code Section 16.026, the 10-year adverse possession statute.
According to Daughtrey Law Firm's analysis of Texas adverse possession law, the 10-year statute is the most commonly invoked period in Texas boundary disputes. Unlike the 3-year and 5-year statutes, the 10-year statute does not require a deed or color of title. The claimant needs only 10 years of actual, open, hostile, exclusive, and continuous possession. However, without a recorded deed, the claim is generally limited to 160 acres.
Texas also recognizes a color-of-title standard under the 3-year statute (Section 16.024), which requires a document that appears to convey ownership even if it is legally defective. The practical implication for buyers is that a fence that has been encroaching on a neighboring lot for 12 years, and that a neighbor has treated as the de facto boundary, may represent an adverse possession claim in progress.
Before buying any Texas property in an established neighborhood, particularly one that has not had a recent boundary survey, ask your agent to find out when the existing survey was completed. A survey from 2004 on a 2024 purchase tells you nothing about improvements or fencing changes that occurred in the intervening 20 years.
Easements are recorded rights that allow a third party to use a specific portion of your property for a defined purpose. They run with the land, which means they transfer automatically to every future owner. Most buyers learn about easements through the title commitment's Schedule B exceptions, not through a conversation with their agent.
The most common easements affecting Texas residential property include:
The problem with easement disclosures is not always that they are hidden. It is that buyers do not understand what they mean on the ground. A 15-foot utility easement along your rear lot line means you cannot build a permanent structure in that strip. If a seller installed a deck or storage shed in an easement area without a permit, that can become a lender issue and a title exception.
Buyers who want to add a swimming pool, extend a patio, or build an outbuilding should pull the recorded plat for the subdivision, check the Schedule B easements in their title commitment, and have a licensed surveyor physically locate those easements on the site before making construction plans.
Lender survey requirements vary by loan type, lender, and the age of the existing survey, but the general framework in Texas residential lending is this:
Most conventional lenders and FHA/VA lenders in Texas will accept an existing survey paired with a signed T-47 affidavit from the seller, provided the survey is not more than 10 to 15 years old and the T-47 is signed by the current owner with no exceptions listed. If exceptions are listed, the lender's underwriter reviews them and decides whether the existing survey is still usable.
A lender will typically require a new survey in the following situations:
For buyers financing with jumbo loans or purchasing commercial-use property, the bar is higher and a new ALTA/NSPS or Category 1A survey may be required regardless of what existing survey is on file.
The cost of a new residential boundary survey in the Houston area, including Spring and surrounding communities in zip code 77379, typically runs $385 to $780 for a standard platted residential lot under half an acre, based on Houston-area survey cost data. Properties with older records, challenging terrain, corner lot configurations, or larger acreage cost more.
A listing agent in Spring (77379) has a property priced at $385,000. The seller has a survey on file from 2018. The listing agent pulls the survey and it looks clean: no obvious encroachments, easements are shown, corners are staked. The seller is ready to sign the T-47 and save the buyer the cost of a new survey.
Problem: in 2021, the seller installed a 15-foot-by-30-foot swimming pool and a surrounding concrete deck. The pool extends to within 2 feet of the rear property line, inside the 10-foot utility easement shown on the 2018 survey.
Under the November 2024 T-47 form, the seller must certify back to the date of the survey, which is 2018. That certification specifically includes "swimming pools" and "deckings" as improvements that cannot have been added since the survey date. The seller cannot sign the T-47 without listing the pool as an exception.
Once the pool is listed as an exception, the title company flags two issues: (1) the pool was built inside the utility easement without a recorded variance, and (2) a new survey is needed to confirm the pool's exact location relative to the rear property line and the easement boundary.
The buyer's lender then requires a new survey as a condition of underwriting approval. The buyer gets a quote: $625 for a standard boundary survey with as-built pool location. The parties negotiate over who pays: the seller argues the buyer should pay since it is a standard closing cost; the buyer argues the T-47 failure was the seller's issue. They split the cost at $312.50 each.
The new survey comes back showing the concrete pool decking crosses the rear property line by 4.5 inches into the adjacent utility easement. The title company issues a T-19.1 endorsement with an encroachment exception noted, and the lender accepts the policy with that exception after confirming no active utility infrastructure is present in that strip.
Total delay: 11 days past the original closing date. Additional costs beyond the survey split: a per-diem rate lock extension fee of $127. This is the real cost of a pool added without verifying the survey.
For related guidance on the Houston title process and seller closing costs, see our posts on Texas title insurance buyer and seller responsibilities and selling a home in Spring TX in 2026.
When a survey reveals an encroachment or a boundary disagreement with a neighbor, buyers and sellers have options short of litigation.
Boundary line agreement: Both property owners execute a written agreement acknowledging the legal boundary and either agreeing to remove the encroachment or granting a license for the encroaching improvement to remain. To be effective against future owners, the agreement should be recorded in the county deed records.
Agreed boundary: When parties have acquiesced to a practical boundary (a long-standing fence line, for example) for an extended period, Texas courts may recognize that boundary as the legal boundary under the doctrine of agreed boundary. This is a fact-specific analysis that requires consultation with a real estate attorney.
Quiet title action: If a neighbor disputes ownership of a boundary strip and the parties cannot resolve it through agreement, a quiet title lawsuit under Texas Property Code Chapter 22 establishes legal ownership through a court judgment.
Pre-closing negotiation: The cleanest resolution is to handle encroachments before the purchase closes. If a seller's shed is 2 feet over the line, the seller can move it as a condition of the sale. If the encroachment is a permanent structure that cannot be moved, the parties negotiate a price adjustment and the title company decides whether it will insure with an exception.
Buyers who are purchasing in established neighborhoods, particularly those platted before 1990 where fences and landscaping have migrated over decades, should budget time and money for survey review and potential boundary issues. The $625 cost of a boundary survey is cheap insurance against a $15,000 encroachment dispute after closing.
For guidance on related issues, including how easements affect property values in master-planned communities, see our guide on buying in master-planned communities in northwest Houston.
A Category 1B, also called a Standard Land Survey, shows the property boundary, visible easements, and evidence of adverse use along the perimeter. It does not require a title commitment and is the standard survey used in most Texas residential closings. A Category 1A, called a Land Title Survey, goes further by integrating the easements, right-of-way lines, and encumbrances from your title commitment onto the plat. Under the TSPS Manual of Practice, a Category 1A cannot be performed without a title commitment or report. Category 1A surveys are more common in commercial transactions and in residential deals where the lender or buyer wants title document integration.
Yes, but there are consequences. The T-47 is a seller certification, not a mandatory disclosure required by law. However, most standard TREC residential contracts include a provision for whether the seller will furnish an existing survey or a new survey. If the seller refuses to sign the T-47 and also will not pay for a new survey, that becomes a contract negotiation issue. If no T-47 is signed and no new survey is provided, the buyer's lender will typically require a new survey at the buyer's expense as a condition of loan approval. Under the November 2024 form, the T-47 is signed under oath before a notary, so a seller who signs it inaccurately faces potential liability for knowingly false statements.
Not necessarily, but it frequently does. If the seller added a pool after the date of the existing survey, they cannot certify the T-47 without listing the pool as an exception to item 4(a) of the affidavit. Once that exception is listed, the title company and lender review whether the existing survey is still usable or whether a new survey is required to confirm the pool's location relative to property lines and easements. If the pool is entirely within the buildable area and well away from all easements and boundary lines, some title companies will issue coverage with a noted exception. If there is any question about the pool's proximity to a boundary or easement, a new survey is nearly always required.
If an encroachment has existed for 10 or more years, the encroaching party may have grounds for an adverse possession claim under Texas Civil Practice and Remedies Code Section 16.026. This means a neighbor whose fence has been 3 feet over the property line since 2012 could potentially claim legal ownership of that strip of land. Adverse possession claims are not automatic and require a court judgment to transfer title, but the practical risk is real. Before closing, buyers in established neighborhoods should order a current boundary survey, review the results with a real estate attorney if encroachments are found, and confirm that the title company's coverage addresses any boundary risks.
Pipeline easements are recorded rights that allow a pipeline company to maintain, repair, and replace underground or above-ground pipelines crossing the property. They appear in the Schedule B exceptions of your title commitment and should be visible on a survey. The easement language controls what you can and cannot do in that strip. Most pipeline easements prohibit permanent structures, deep excavation, and anything that would interfere with pipeline access. In practice, this means you cannot build a pool, install a concrete patio, or put up a permanent fence in the pipeline easement corridor. Harris County and communities west of Houston have a higher concentration of pipeline easements crossing residential properties due to the regional petrochemical and gas infrastructure.
For a standard residential purchase in Harris, Montgomery, Fort Bend, or Brazoria County, the February 2026 ALTA/NSPS update is largely not applicable. Texas Category 1A and 1B surveys remain governed by TSPS standards and are not subject to the ALTA/NSPS changes. According to DMC Henry Surveying's 2026 guide, the new standards apply when "the lender or title company specifically mandates an ALTA/NSPS Land Title Survey, typically for commercial acquisitions, refinances, or high-value developments." If a national lender is involved in a jumbo purchase, or if the property is a mixed-use or commercial asset, confirm with your title company and lender whether an ALTA/NSPS survey is required and whether the 2026 standards apply.
Survey questions come up at the worst times: the week before closing, when the option period is already closed and you are under contract. The Harbert Real Estate Group at Realty Right works with buyers and sellers across the Spring, Cypress, The Woodlands, and greater Houston area to identify survey and title issues early, before they become closing emergencies.
Erick Harbert and the team review existing surveys and T-47 eligibility as part of the listing preparation process, and they work with buyers to understand what their survey shows before the option period expires. If a boundary issue, encroachment, or easement question comes up, Erick connects clients with the right title attorneys and surveyors to resolve it efficiently.
Reach out to Erick Harbert and The Harbert Real Estate Group at Realty Right at (281) 305-2520 or [email protected]. The office is located at 6605 Cypresswood Dr Ste 300, Spring TX 77379. Full resources are available at harbertgroup.com.
For additional related reading, see our coverage of Texas title insurance explained for first-time buyers and understanding closing costs in Harris County.
Sources: TDI T-47 Residential Real Property Affidavit (effective November 1, 2024) | TDI T-19.1 Endorsement | TSPS Manual of Practice via TLTA | Texas Civil Practice and Remedies Code Section 16.026 via Justia | 2026 ALTA/NSPS Land Title Survey Standards update via DMC Henry
How Seasonal Trends Affect Buying and Selling in The Woodlands TXIf you are navigating How Seasonal Trends Affect Buying and Selling in The Woodlands TX, this guide provides clarity and direction.
What Interior Upgrades Matter Most to Buyers in The Woodlands TXIf you are navigating What Interior Upgrades Matter Most to Buyers in The Woodlands TX, this guide provides clarity and direction.
How Lot Size Influences Property Value in Tomball TXIf you are navigating How Lot Size Influences Property Value in Tomball TX, this guide provides clarity and direction. This market requires
What Role Do Lenders Play in Houston Real Estate Transactions?If you are navigating What Role Do Lenders Play in Houston Real Estate Transactions?, this guide provides clarity and direction. This