Land Due Diligence: Survey, Easements and Minerals
Before buying Texas land, order a current survey, read the title commitment and recorded easements, confirm legal access, find out who owns the minerals, check flood zone and utilities, review zoning or deed restrictions and ask about agricultural valuation, which can create rollback taxes if the use changes. Do these steps during your option or due diligence period, since after it ends you may lose the right to walk away.
Survey and boundaries
- Order a new boundary survey rather than relying on an old one.
- Look for encroachments, fence lines that differ from the boundary, easements and improvements on or near the line.
- Check the acreage against the contract, since land is often sold by acre.
Title, easements and access
Read the title commitment and the recorded documents behind each exception. Pipeline, utility and road easements can limit where you can build. Confirm the property has legal access, meaning a recorded right to reach a public road, and not only a path that neighbors allow. See easements and landlocked property and title commitments.
Minerals
In Texas, the mineral estate can be owned separately from the surface and has the right to use the surface to reach the minerals. Find out whether minerals were reserved, who owns them and whether any lease or surface use agreement exists. See severed mineral rights.
Physical and regulatory checks
| Item | Why it matters |
|---|---|
| Flood zone and drainage | Affects insurance, financing and where you can build |
| Water, septic and utilities | Wells, septic permits and utility availability drive cost and use |
| Zoning and extraterritorial jurisdiction | Land outside a city may not have zoning, but the city's rules can reach into the surrounding area |
| Deed restrictions and HOA | May limit use, structures and subdivision |
| Environmental condition | Past uses, tanks or contamination can create liability |
Taxes and agricultural use
Texas lets qualifying land be valued based on its agricultural use, which lowers taxes. If the land is later changed to a non-agricultural use, the owner can owe rollback taxes for prior years under the Tax Code. Ask the appraisal district about the current valuation and any exemptions, and whether a change of use will trigger rollback.
For entity and financing structure see transferring property into an LLC.
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Book Free ConsultationFrequently asked questions
Should I get a survey even if the seller has one?
Usually yes. Old surveys miss recent changes, and lenders and title companies may require a current one.
Do I need a lawyer for a land purchase?
Easements, minerals and access issues make attorney review worthwhile, especially for larger tracts.
What is a rollback tax?
Back taxes owed when land that had agricultural valuation changes to a non-agricultural use. The Tax Code sets the lookback period.
Can I build anywhere on my land?
Not necessarily. Easements, flood zones, setbacks, restrictions and permit rules can limit it.