In Texas, the TREC residential contract offers three survey options under Paragraph 6C. The survey must be made by a registered professional land surveyor acceptable to the title company and the buyer’s lender. Which checkbox is selected determines who pays. Ordering early protects your right to object before contract deadlines pass.
TREC Contract Survey Options
- Three paths under Paragraph 6C: The TREC One to Four Family Residential Contract, Form 20-19 effective July 1, 2026, offers three survey options. The parties check one box in the contract.
- Seller provides existing survey: Under the first option, the seller furnishes an existing survey plus a T-47 Affidavit or T-47.1 Declaration within the number of days specified in the contract after the effective date.
- Buyer obtains new survey: Under the second option, the buyer may obtain a new survey at the buyer’s expense within the number of days specified in the contract.
- Seller provides new survey: Under the third option, the seller furnishes a new survey at the seller’s expense within the number of days specified in the contract.
Who Pays for the Survey
- Contract controls: Which checkbox the parties select under Paragraph 6C determines who pays. There is no default rule that the buyer always pays.
- When the existing survey is rejected: If the title company or lender does not accept the existing survey under the first option, a second checkbox within the same paragraph determines whether the buyer or seller covers the cost of a new one.
- When the seller fails to deliver: If the seller chose the first option but fails to furnish both the existing survey and the affidavit or declaration on time, the buyer obtains a new survey at the seller’s expense at least three days before the closing date.
Reusing an Existing Survey
- No universal age limit: Under TDI Procedural Rule P-2, a title company may accept an existing survey regardless of the age of the survey or the identity of the person for whom it was prepared.
- Affidavit or declaration required: The seller must provide a T-47 Affidavit or T-47.1 Declaration. The T-47 Affidavit states that, based on the signer’s knowledge and belief, there have been no listed categories of changes to the property since the survey date, except as disclosed on the form. Since November 1, 2024, sellers may use the T-47.1 unsworn declaration, which does not require notarization.
- Acceptance is not guaranteed: The title company and the buyer’s lender both retain the right to reject an existing survey.
What the Survey Addresses
- Area-and-boundary exception: The standard title policy carries an exception covering discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements, per Paragraph 6A item 8 of the TREC contract.
- Amending the exception: With an acceptable survey, the title company can amend the exception to read “shortages in area” only.
- Survey standard: The survey must be made by a registered professional land surveyor acceptable to the title company and the buyer’s lender.
Does a property survey expire in Texas?
There is no universal expiration date under Texas law. TDI Procedural Rule P-2 allows a title company to accept an existing survey regardless of its age, provided the title company is willing to accept the survey and the accompanying T-47 Affidavit or T-47.1 Declaration. However, the title company and the buyer’s lender both retain the right to reject an existing survey.
Who orders the survey when buying a house in Texas?
The TREC contract offers three options under Paragraph 6C. Under the first option, the seller furnishes an existing survey. Under the second, the buyer obtains a new survey at the buyer’s expense. Under the third, the seller furnishes a new survey at the seller’s expense. Which option applies depends on the checkbox the parties select in the contract. Your title company or agent can recommend licensed surveyors in your area.
The Bottom Line Up Front
The current TREC residential contract, Form 20-19 effective July 1, 2026, gives the parties three survey paths under Paragraph 6C. The survey must be made by a registered professional land surveyor acceptable to the title company and the buyer’s lender. Which checkbox is selected determines who pays. There is no default rule that the buyer always covers the cost.
Title insurance coverage for boundary-related claims depends on the survey. Without one, the title policy carries a broad exception for discrepancies, conflicts, shortages in area, boundary lines, encroachments, or overlapping improvements. With an acceptable survey, the title company can amend that exception to read “shortages in area” only, under Paragraph 6A item 8 of the TREC contract. When an existing survey is used, a T-47 Affidavit or T-47.1 Declaration is also required.
Order the survey early in the contract timeline. Paragraph 6D of the contract sets deadlines for objecting to matters disclosed on the survey, and missing those deadlines can result in waiver of your right to object.
What Is a Property Survey in Texas
In the TREC One to Four Family Residential Contract, Form 20-19, the survey is addressed under Paragraph 6C. The contract requires that the survey be made by a Registered Professional Land Surveyor, or RPLS, acceptable to the title company and the buyer’s lender. Under TBPELS rules, the completed document must include the surveyor’s seal, signature, and date, and must indicate the surveying firm’s name and registration number.
The survey relates to the area-and-boundary exception in the title policy. That exception, addressed in Paragraph 6A item 8, covers discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. When an acceptable survey is provided, the title company can amend the exception to read “shortages in area” only.
Survey Options in the TREC Contract
The current TREC One to Four Family Residential Contract, Form 20-19 effective July 1, 2026, provides three survey options under Paragraph 6C. The parties select one by checking the corresponding box in the contract. The survey must be made by a registered professional land surveyor acceptable to the title company and the buyer’s lender.
| 6C Option | Who Provides | Who Pays | Deadline |
|---|---|---|---|
| First | Seller furnishes existing survey plus T-47 Affidavit or T-47.1 Declaration | Seller bears cost if seller fails to deliver on time. If title company or lender rejects, a second checkbox determines whether buyer or seller pays for the new survey. | Number of days specified in the contract after effective date |
| Second | Buyer obtains new survey | Buyer | Number of days specified in the contract after effective date |
| Third | Seller furnishes new survey | Seller | Number of days specified in the contract after effective date |
Under the first option, if the seller fails to furnish both the existing survey and the affidavit or declaration within the specified number of days, the buyer obtains a new survey at the seller’s expense at least three days before the closing date. This provision protects buyers when sellers promise an existing survey but cannot deliver.
Who Pays for the Survey in Texas
The answer depends entirely on which Paragraph 6C option the parties selected in the contract. There is no default rule in Texas that the buyer always pays for the survey.
- Under the first option: The seller furnishes an existing survey. If the seller fails to deliver, the buyer orders a new one at the seller’s expense. If the title company or lender rejects the existing survey, a second checkbox within the same paragraph determines whether the buyer or seller pays for the replacement.
- Under the second option: The buyer obtains a new survey and pays for it.
- Under the third option: The seller provides a new survey and pays for it.
- In a property line dispute between neighbors: Outside a purchase transaction, the parties negotiate who pays for the survey. Disputes over boundaries or fence lines that cannot be resolved by agreement may require a Texas real estate attorney.
When reviewing an offer or counteroffer, pay attention to which 6C box is checked and, under the first option, which party is marked to pay if the existing survey is rejected. These are negotiated terms, not defaults.
Can You Reuse the Seller’s Existing Survey
Yes, under certain conditions. TDI Procedural Rule P-2 states that a title company may accept an existing real property survey regardless of the age of the survey or the identity of the person for whom it was prepared, as long as the title company is willing to accept the survey and an affidavit verifying the existing survey. There is no universal age limit under Texas law.
- T-47 Affidavit: The seller furnishes a Residential Real Property Affidavit, Form T-47, which must be signed by an affiant with the required knowledge. The form states that, based on the signer’s knowledge and belief, there have been no listed categories of changes to the property since the survey date, except as disclosed on the form. This is a sworn affidavit requiring notarization.
- T-47.1 Declaration: Since November 1, 2024, sellers may use an unsworn declaration, Form T-47.1, in lieu of the T-47 Affidavit. The T-47.1 Declaration is made under penalty of perjury under Texas Civil Practice and Remedies Code Section 132.001. It does not require notarization.
- Title company and lender must both accept: Even when the seller provides an existing survey and a valid affidavit or declaration, the title company and the buyer’s lender each retain the right to reject the existing survey and require a new one.
If the existing survey is rejected under the first 6C option, the contract’s secondary checkbox determines whether the buyer or the seller pays for the new survey. Ask your agent to confirm which checkbox was selected before assuming who bears the cost.
What the Survey Addresses
The survey addresses items covered by the area-and-boundary exception in the standard Texas title policy. Under Paragraph 6A item 8 of the TREC contract, that exception covers discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. With an acceptable survey, the title company can amend this exception to read “shortages in area” only.
- Surveyor certification: Under TBPELS rules, final surveying work must include the surveyor’s seal, signature, and date. The document must also indicate the surveying firm’s name and registration number.
- TREC exception language: The area-and-boundary exception references encroachments or protrusions and overlapping improvements.
Flood Insurance and the Survey
When flood information is shown on a survey, it is based on FEMA Flood Insurance Rate Map data. Your flood insurance premium is unique to your property and is based on several factors, per FloodSmart.gov.
The Survey and Your Title Policy
The standard Texas title policy includes a printed exception covering discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. This is addressed in Paragraph 6A item 8 of the TREC contract. The parties select one of two options for this exception at the time the contract is signed.
| Option | What It Means | Survey Requirement |
|---|---|---|
| Exception is not amended or deleted | The title policy carries the full area-and-boundary exception covering discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. | Paragraph 6A item 8 leaves the exception unchanged. |
| Exception is amended to read “shortages in area” | The title company removes the broad boundary exception and replaces it with a narrower one. | Title company requires an acceptable survey. When an existing survey is used, a T-47 Affidavit or T-47.1 Declaration is also required. |
Without a survey, the boundary-related exception remains broad. The buyer’s key decision is whether the area-and-boundary exception is amended and what survey evidence the title company requires to make that amendment. Discuss this with your title company and agent before selecting the checkbox in the contract.
How to Get a Property Survey in Texas
The survey must be performed by a Registered Professional Land Surveyor licensed by the Texas Board of Professional Engineers and Land Surveyors. Use the following checklist to coordinate the survey early in the contract timeline.
- Check whether the seller has an existing survey: Ask for a copy as soon as the contract is executed. If the seller has one, send it to the title company and lender for acceptance before ordering a new one.
- Verify the surveyor’s license: Search the TBPELS surveying rosters at pels.texas.gov to confirm the surveyor holds a current RPLS registration. TBPELS has warned about fraudulently sealed surveying work being offered through online marketplaces.
- Provide the legal description and deed: The surveyor needs the street address, the legal description from the deed, the title commitment, and any existing survey documents you have.
- Coordinate with the title company: The title company and lender may recommend surveyors who are already familiar with the area and can deliver within the contract timeline.
- Order early in the contract timeline: The selected 6C option sets the delivery or deemed-receipt timing that controls survey-related deadlines. Confirm the surveyor’s availability before the deadline. A late survey can contribute to closing delays.
- Review the delivered survey: Under Paragraph 6D, the buyer may object in writing to encumbrances disclosed on the survey. The objection must be made before the deadline set in the contract.
What Affects Survey Cost in Texas
The TREC contract’s Paragraph 6C determines who pays for the survey and whether an existing survey or a new one is used.
- Survey specifications: The survey must be made by a registered professional land surveyor acceptable to the title company and the buyer’s lender. Ask your title company before ordering.
- Reuse vs. new: Under the first 6C option, the seller furnishes an existing survey and affidavit or declaration. If the title company and lender accept it, no new survey cost is incurred.
Get quotes from licensed RPLS firms before committing. Your title company or agent can provide referrals to surveyors who work in your area.
What to Do If the Survey Finds a Problem
Paragraph 6D of the TREC contract gives the buyer the right to object in writing to defects, exceptions, or encumbrances disclosed on the survey. The buyer must object by the earlier of the closing date or the number of days specified in the contract after receiving the title commitment, exception documents, and the survey. Missing this deadline results in waiver of the right to object.
- Encroachment on your lot: Under Paragraph 6D, the buyer may object in writing to encumbrances disclosed on the survey. The objection must be made before the deadline set in the contract.
- Boundary mismatch between survey and deed: If the surveyor’s measurements do not match the deed’s legal description, bring the discrepancy to the title company.
- Encroachment from a neighbor: Under Paragraph 6D, the buyer may object in writing to encumbrances disclosed on the survey. The objection must be made before the deadline set in the contract.
After receiving timely objections, the seller has 15 days to cure them under Paragraph 6D. The seller is not obligated to incur any expense to cure objections. If the objections are not cured within that period, the buyer has five days to either terminate the contract and receive a refund of earnest money, or waive the objections. If the buyer does not act within those five days, the objections are deemed waived.
How to Verify a Texas Surveyor
Texas requires that property surveys be performed by a Registered Professional Land Surveyor licensed by the Texas Board of Professional Engineers and Land Surveyors. TBPELS maintains searchable rosters for both individual RPLS holders and licensed surveying firms at pels.texas.gov.
- Search before you hire: Use the TBPELS surveying rosters to confirm the surveyor’s license is current and in good standing before signing an engagement letter or paying a deposit.
- Watch for fraud: TBPELS has reported a significant rise in fraudulently sealed engineering and surveying work being offered through online marketplaces. If a quote seems unusually low or the provider cannot verify their RPLS registration, do not proceed.
- Check the seal: Under TBPELS rules, final surveying work must include the surveyor’s seal, signature, and date, and the document must indicate the surveying firm’s name and registration number.
Frequently Asked Questions
How long is a property survey good for in Texas?
There is no universal expiration date. TDI Procedural Rule P-2 allows a title company to accept an existing survey regardless of its age, provided the title company is willing to accept the survey and the seller provides a T-47 Affidavit or T-47.1 Declaration. However, both the title company and the buyer’s lender retain the right to require a new survey.
Who orders the survey when buying a house in Texas?
The TREC contract provides three options under Paragraph 6C. The seller may furnish an existing survey, the buyer may obtain a new one at the buyer’s expense, or the seller may furnish a new one at the seller’s expense. Which option applies depends on the checkbox selected in the contract. Your title company or real estate agent can recommend licensed surveyors in your area.
Does a Texas property survey show flood zones?
When flood information is shown on a survey, it is based on FEMA Flood Insurance Rate Map data. Your flood insurance premium is unique to your property and is based on several factors, per FloodSmart.gov.
Can you close on a Texas home without a survey?
Without a survey, the title policy carries the broad area-and-boundary exception covering discrepancies, boundary lines, encroachments, and overlapping improvements. If you are financing the purchase, the TREC contract requires the survey to be made by an RPLS acceptable to the title company and the buyer’s lender.
Who pays for a survey in a property line dispute?
In a purchase transaction, the TREC contract’s Paragraph 6C checkboxes determine who pays. In a dispute between neighbors outside of a purchase, the parties negotiate who pays for the survey. If the dispute cannot be resolved by agreement, consult a Texas real estate attorney.
What survey standard does the title company require?
The TREC contract requires that the survey be made by a registered professional land surveyor acceptable to the title company and the buyer’s lender. Ask your title company or agent which surveyor they recommend before ordering.
What is a T-47 Affidavit?
The T-47 Residential Real Property Affidavit is a form promulgated by the Texas Department of Insurance. The seller furnishes the form, which must be signed by an affiant with the required knowledge. The form states that, based on the signer’s knowledge and belief, there have been no listed categories of changes to the property since the date of the existing survey, except as disclosed on the form. It is a sworn affidavit requiring notarization. Since November 1, 2024, sellers may use the T-47.1 Declaration instead, which is an unsworn declaration under Texas Civil Practice and Remedies Code Section 132.001 and does not require notarization.
Do cash buyers need a survey in Texas?
The TREC contract provides three survey options under Paragraph 6C. The parties select one option in the contract. If no survey is obtained, the title policy carries the broad area-and-boundary exception covering discrepancies, boundary lines, encroachments, and overlapping improvements.
Data and Methodology
Contract provisions in this guide reference the TREC One to Four Family Residential Contract, Form 20-19, effective July 1, 2026, downloaded from trec.texas.gov on October 3, 2026. Title insurance rules reference TDI Procedural Rule P-2, accessed at agate.tdi.texas.gov on October 3, 2026. Surveyor licensing information comes from the Texas Board of Professional Engineers and Land Surveyors at pels.texas.gov, accessed October 3, 2026. Seller’s disclosure requirements reference Texas Property Code Section 5.008, accessed at statutes.capitol.texas.gov. Flood insurance information references FloodSmart.gov. No figures from commercial real estate portals, search snippets, or unsourced industry estimates are used in this guide.
