Surveys and the T-47 in Texas Closings
Every Texas closing needs a survey the title company and the lender will accept, and the cheapest way to get one is usually the seller's existing drawing plus a short form called the T-47 or, since late 2024, the T-47.1. Here is how paragraph 6C of the contract handles it, when a new survey is unavoidable, what it costs in Houston, who customarily pays, and what happens when the drawing shows a fence on the wrong side of the line.
What the survey does at closing
A residential survey, drawn and sealed by a Registered Professional Land Surveyor, shows the boundaries of the lot, the house and other improvements, easements, building setback lines and anything that crosses a line, such as a fence, driveway, shed or neighbor's roof overhang. The title company uses it to decide whether to amend the standard "area and boundaries" exception in your owner's title policy, which is what people mean by survey deletion coverage. The lender uses it to confirm the collateral is where the deed says it is. Without an acceptable survey, closings in Texas stop.
Paragraph 6C of the TREC contract
Paragraph 6C of the One to Four Family Residential Contract (Resale), form 20-19 as of July 1, 2026, begins by requiring that any survey be made by a registered professional land surveyor acceptable to the title company and the buyer's lender, then offers three boxes, one of which must be checked:
| Option | What happens | Who pays |
|---|---|---|
| 6C(1) Existing survey | Within the stated days after the Effective Date, the seller furnishes the existing survey of the property and a Residential Real Property Affidavit (T-47) or Declaration (T-47.1) promulgated by the Texas Department of Insurance. If the seller fails to furnish both on time, the buyer obtains a new survey at the seller's expense no later than the stated days before closing. If the title company or the lender does not accept the existing survey or the affidavit or declaration, the buyer obtains a new survey at the seller's or the buyer's expense, whichever box is checked. | Nothing for the existing survey; a checkbox decides who pays if a new one becomes necessary. |
| 6C(2) Buyer's new survey | Within the stated days, the buyer may obtain a new survey. The buyer is deemed to receive it on the date of actual receipt or the date in the blank, whichever is earlier. If the buyer does not obtain it, the buyer may not terminate under paragraph 2B of the Third Party Financing Addendum because the survey was not obtained. | Buyer. |
| 6C(3) Seller's new survey | Within the stated days, the seller furnishes a new survey at the seller's expense. | Seller. |
TREC's January 2025 changes added the T-47.1 to 6C(1) and changed 6C(2) from "Buyer shall obtain" to "Buyer may obtain," so a buyer who checks that box and then decides not to order a survey is no longer in breach, but also cannot use the missing survey as a financing-addendum reason to terminate.
The T-47 and the T-47.1
Both forms are promulgated by the Texas Department of Insurance, which regulates title insurance in Texas, and both carry an effective date of November 1, 2024 in TDI's Basic Manual.
- T-47, Residential Real Property Affidavit. The seller swears before a notary that, to the best of their knowledge and belief, since the date of the survey there have been no additions, structures, fences, pools, easements, boundary disputes or other changes of the kinds listed, or describes the ones there have been. The current version lists the survey date directly under the transaction description so sellers do not confuse it with their purchase date.
- T-47.1, Residential Real Property Declaration In Lieu of Affidavit. The same statements as an unsworn declaration under the Texas Civil Practice and Remedies Code. No notary is needed; the seller instead enters a date of birth and current address with the signature. TDI approved it in 2024 and TREC's contract has accepted it in 6C(1) since January 3, 2025.
The declaration is now what most Houston sellers sign, because it can be completed electronically with the listing paperwork. What has not changed is the substance: a seller who signs either form while knowing the fence was moved or a pool was added is making a false statement the title company relied on, and the T-47 process is only as good as the seller's honesty.
When a new survey is needed
- No existing survey. Common with long-held homes, estate sales and homes bought with cash years ago. Ask the seller's prior title company; many keep copies.
- Changes since the survey. A pool, a room addition, a new fence, a detached garage or a driveway extension means the seller cannot truthfully sign the T-47.1, and the title company will want a new drawing.
- The title company or lender will not accept it. Reasons include an illegible copy, a survey that does not show the current improvements, a different lot configuration after a replat, or an underwriter's own age limits. There is no statutory expiration date on a Texas survey; each title underwriter and lender sets its own standard, and a clean T-47.1 is what lets an older survey through.
- New construction and lot splits. A newly built home, a townhome on a recently subdivided Inner Loop lot or any zero-lot-line home should have a fresh survey showing the finished improvements.
- The buyer wants one. On acreage, on lots with unclear fence lines, or when the existing survey shows an encroachment you want measured today.
What surveys and the related coverages cost
A new residential survey of a typical Houston lot usually costs a few hundred dollars; the quotes we see most often fall between about $400 and $800, with larger, wooded, irregular or acreage lots and rush orders costing more, and an elevation certificate adding a separate fee. Compare the quote with the title company's required format before you order, and confirm the surveyor is licensed through the Texas Board of Professional Engineers and Land Surveyors roster.
The title insurance side is set by the state. Under TDI Rate Rule R-16, amending the area and boundaries exception in an owner's policy on residential property costs 5 percent of the basic premium, with a $20 minimum, and nothing on the loan policy; on a $450,000 home, where the 2026 basic premium is $2,509, that is about $125. The related T-19.1 endorsement for an owner's policy, which covers restrictions, encroachments and minerals, runs 10 percent of the basic premium on residential property, or 5 percent when the R-16 amendment is also purchased, with a $50 minimum under Rate Rule R-29. Every title company in Texas charges these same figures.
Who pays, by custom in Houston
The contract decides, and the three boxes in 6C exist because customs vary across Texas. In Houston the usual pattern is that the seller provides the existing survey and signs the T-47.1 at no cost, and if a new survey is required the buyer pays for it, treating it as one of the buyer's closing costs. A seller who cannot produce any survey often agrees to cover a new one as part of the negotiation, and in a buyer's market sellers pay more often. In some other Texas markets the seller customarily pays regardless. Whatever you agree, it belongs in the contract at signing, not in a conversation the week of closing, and the survey deletion coverage is paid by whoever is paying for the owner's title policy, which in Houston is customarily the seller.
How encroachments surface and what happens next
Encroachments show up in two places: on the survey drawing itself, and in Schedule B of the title commitment, where the title company lists easements, restrictions and other exceptions it found in the records. Typical Houston findings are a wood fence a foot or two over the line, a neighbor's driveway or air-conditioning pad on the lot, a garage or pool built inside a utility easement, and a house that sits past a platted building line.
Paragraph 6D of the contract gives the buyer a written objection period, counted from receipt of the title commitment, the exception documents and the survey, and ending no later than the closing date. The seller then has the cure period written into the contract to fix the problem, without being obligated to spend money, and the closing date moves if needed. If the objection is not cured, the buyer may terminate within the stated days after the cure period and get the earnest money back, or waive the objection and close. Failing to object on time waives the objection, except for the title company's own Schedule C requirements. Common cures are moving a fence, a recorded encroachment or boundary line agreement with the neighbor, a variance or consent from the easement holder, or the title company agreeing to insure over the item, which is where survey deletion coverage earns its fee. Lenders have their own standards and can require a cure even when the buyer would accept the risk.
Questions Houston buyers and sellers ask about surveys
What is a T-47 affidavit in Texas?
The T-47 Residential Real Property Affidavit is a Texas Department of Insurance form in which the seller swears before a notary that, to the best of their knowledge, no additions, fences, pools, easements, boundary disputes or similar changes have been made since the date of the existing survey. Delivered with that survey under paragraph 6C(1) of the TREC contract, it lets the title company accept the older drawing and offer survey deletion coverage without a new survey.
What is the T-47.1 and how is it different from the T-47?
The T-47.1 Residential Real Property Declaration In Lieu of Affidavit makes the same statements as the T-47 but as an unsworn declaration, so it does not need a notary; the seller adds a date of birth and current address with the signature. TDI adopted it in 2024 with an effective date of November 1, 2024, and TREC's contract has accepted either form in paragraph 6C(1) since January 3, 2025. Most Houston sellers now sign the declaration with their listing paperwork.
How old can a survey be and still be used in Texas?
Texas law sets no expiration date. The title company and the buyer's lender decide, and a clean T-47 or T-47.1 from the seller is what allows them to accept a survey that is ten or twenty years old. A new survey is needed when there is no existing survey, when improvements such as a pool, addition or fence have been added since it was drawn, when the copy is illegible or does not match the current lot, or when an underwriter or lender applies its own age limit.
Who pays for the survey in a Texas home sale?
Whoever the contract says. Paragraph 6C offers three options: the seller furnishes the existing survey with a T-47 or T-47.1 and a checkbox decides who pays if a new one becomes necessary, the buyer obtains a new survey at the buyer's expense, or the seller furnishes a new survey at the seller's expense. In Houston the custom is the existing survey at no charge and the buyer paying for a new one when required, though sellers who have no survey often agree to pay. Other Texas markets lean the other way.
How much does a residential survey cost in Houston?
A new survey of a typical Houston lot usually costs a few hundred dollars; most quotes we see fall between about $400 and $800. Large, wooded, irregular or acreage lots, rush orders and an added elevation certificate cost more. The survey deletion coverage in the owner's title policy is separate and is set by the state at 5 percent of the basic premium on residential property, about $125 on a $450,000 home at the 2026 rates.
What is survey deletion coverage in Texas?
It is the amendment of the standard area and boundaries exception in an owner's title policy, so the policy covers losses from boundary and encroachment problems a correct survey would have shown. Texas Department of Insurance Rate Rule R-16 sets the charge at 5 percent of the basic premium for residential property, with a $20 minimum, and no charge on the loan policy. The title company requires an acceptable survey, either a new one or the existing survey with a T-47 or T-47.1, before it will issue the coverage.
What happens if the survey shows an encroachment?
You object in writing under paragraph 6D of the TREC contract within the days stated after receiving the title commitment, exception documents and survey. The seller has the cure period in the contract to fix it, by moving a fence, obtaining a recorded encroachment or boundary agreement, getting the easement holder's consent, or having the title company insure over the item. If it is not cured you may terminate within the stated days after the cure period with your earnest money refunded, or waive the objection and close. Lenders can require a cure even if you would accept the risk.
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Related guides
Sources
- Texas Real Estate Commission, One to Four Family Residential Contract (Resale), form 20-19, effective July 1, 2026, paragraphs 6C and 6D, and Form changes effective January 3, 2025 (T-47.1 added to 6C(1), "Buyer may obtain" in 6C(2)).
- Texas Department of Insurance, Title Insurance Basic Manual Section 5, Exhibits and Forms (T-47 Residential Real Property Affidavit and T-47.1 Residential Real Property Declaration In Lieu of Affidavit, both effective November 1, 2024).
- Texas Department of Insurance, Rate Rules R-5 and R-16, Rate Rule R-29 (T-19 and T-19.1), and the basic premium rate chart effective March 1, 2026.
- Heritage Title of Austin, Revisions to the Texas T-47 Survey Affidavit and Introduction of New T-47.1 Form.
- Texas Board of Professional Engineers and Land Surveyors, surveyor rosters.
Updated October 29, 2026.