Buying land in Texas: what's different from other states

Texas is the state where generic land-buying advice goes wrong fastest. The surface and what's under it are often owned by different people, the tax bill on 'ag-exempt' land can jump years backward the day you close, and outside city limits there may be no zoning to protect — or restrict — anything at all.

Minerals and the surface are usually split

In Texas, the mineral estate is dominant: whoever owns the minerals generally has the right to use as much of the surface as is reasonably necessary to produce them. On many rural tracts the minerals were reserved decades ago and are now held by strangers. Ask exactly what mineral interest, if any, conveys with the sale, and check the deed records for severances, leases, and prior reservations before you assume a clean surface means a clean title.

The ag exemption and rollback taxes

Land under a 1-d-1 agricultural or wildlife valuation is taxed on its productive value, not its market value — which is why listings advertise tiny tax bills. If you change the land's use, the county can recapture up to five years of tax savings plus interest as a rollback tax. Whether the buyer or seller pays it is negotiable, but if the contract is silent the risk lands on you. Get the current appraisal status in writing and address the rollback in the contract.

Water: rule of capture, and it isn't yours by default

Groundwater in Texas belongs to the landowner under the rule of capture, but it is a property right that can be — and often has been — sold or reserved separately. Local groundwater conservation districts can also regulate pumping. Surface water is different again: it belongs to the state, and using it generally requires a permit. If a well matters to your plans, confirm both the groundwater rights and any district rules for the tract.

Title companies close the deal — but surveys drive it

Texas closes through title companies rather than attorneys, and title insurance rates are set by the state. The survey, however, does the real work: boundary disputes, encroachments, and access questions are common on rural tracts, and an old survey that 'good enough' passed on a prior sale may not satisfy a lender or title company now. Budget for a new survey on anything without a recent one.

No zoning doesn't mean no rules

Most unincorporated Texas counties have no zoning, which is genuinely freeing — but deed restrictions, subdivision covenants, county septic (OSSF) permitting, floodplain rules, and an expanding city's extraterritorial jurisdiction can still bind a parcel. A tract inside a city's ETJ today can be annexed tomorrow. Check restrictions at the county clerk, flood maps at FEMA, and the septic permitting authority before you buy.

• Confirm what mineral and water rights actually convey — never assume.
• Get the parcel's appraisal status and negotiate who pays any ag rollback tax.
• Order a new survey on rural tracts without a recent one.
• Check deed restrictions, ETJ boundaries, floodplain, and septic rules — even where there's no zoning.

In Texas, the land you buy and the rights you get are two different lists — due diligence is reconciling them before you close.