Buying land in Texas: what to check

Terranown covers 254 of Texas's 254 counties. Find a parcel on the map.

A great deal of rural land changes hands in Texas, and much of it with less paperwork than a suburban house. That is part of the appeal. It also means more of the checking falls to the buyer.

Expect little zoning outside city limits

Texas counties have only narrow land-use powers, so unincorporated land usually has no zoning at all. That freedom is real, but it cuts both ways: the neighbor can do much the same as you. What does apply is subdivision platting, the county’s floodplain rules, and, inside a city’s extraterritorial jurisdiction, some city regulation too. Deed restrictions often fill the gap zoning leaves, so read them before assuming you can build a shop, run livestock, or put in a manufactured home.

Check the minerals separately from the land

In much of Texas the mineral estate was split from the surface long ago. Buying the surface does not buy the oil, gas, or other minerals under it, and whoever owns them generally has a right to reasonable use of the surface to reach them. Look for mineral reservations in the deed history, and check the Railroad Commission’s records for wells and pipelines on or near the parcel.

Know who controls the water

Surface water in Texas belongs to the state and is used under permits from the Texas Commission on Environmental Quality. Groundwater belongs to the landowner, but across much of the state it is regulated by local groundwater conservation districts, which can set well spacing and pumping limits. Before counting on a well, find out which district the land is in, what it requires, and how deep and productive nearby wells are.

Take the floodplain seriously, mapped or not

Hurricane Harvey and the floods since have shown how far water can reach beyond older maps, and updated rainfall data has been redrawing floodplains in parts of the state. Read the current flood zone on FEMA’s map, ask whether the county is working on new maps, and look at drainage on the ground: flat Coastal Plain and Blackland Prairie land can hold water long after a storm.

Plan the septic before the house

Rural homes use an on-site sewage facility permitted under TCEQ rules, usually through the county or a local authorized agent. Clay soils that shrink and swell — common across Central and North Texas — are hard on both septic fields and foundations. The soil survey will show them; a site evaluation will tell you what system the lot needs.

Watch for agricultural valuation

A lot of rural land is taxed on its agricultural or wildlife-management use rather than its market value. If you stop qualifying use after buying, the county can collect rollback taxes for prior years. Ask whether the land carries the valuation and what it would take to keep it.

Primary sources for each of these are listed below. The state’s land records are kept county by county, so the county appraisal district and county clerk are where to confirm ownership and recorded documents. The Comptroller’s property tax pages explain how appraisal districts work.