Can you sell land without a survey?

Do I need a survey to sell land?

Short answer: not always. Whether a survey is needed usually depends on the buyer, the title company and the contract, not on a rule that every sale must have one. Some buyers want a fresh survey before they close. Others will accept an existing survey, or buy without one and accept the risk.

The question most sellers really mean is who pays. That is not fixed. It is a term you negotiate in the purchase contract, so read the survey clause before you sign and ask what happens if the survey shows a problem.

What does a survey show that a county appraisal map does not?

Short answer: a survey is a measurement of the ground by a licensed surveyor. An appraisal district map is a tax record. They serve different purposes and should not be treated as interchangeable.

A survey can show the boundary lines and corners, the acreage measured on the ground, recorded easements the surveyor could locate, and things like fences, roads or creeks that sit near or across a line.
A county appraisal district (CAD) map is built to support property tax appraisal. Read the disclaimer on the map you are using, and ask the district what the map is and is not meant to be relied on for.

The acreage on a tax record can differ from the acreage on a survey. If the two numbers differ, tell a buyer early. A buyer who finds the difference on their own will wonder what else was left out.

What can a title company leave out of coverage without a survey?

Short answer: it can list exceptions in the title commitment, including exceptions for area and boundary matters. Items listed as exceptions are not covered by the policy.

The Texas Department of Insurance explains that a title commitment lists potential issues, exclusions or exceptions, and that those items can become exclusions or exceptions in Schedule B of the policy. Exceptions and exclusions are items the policy does not cover. TDI also says title insurance does not protect against boundary disputes with a neighbor unless additional coverage is purchased (TDI, Title insurance FAQ).

For a buyer, that matters. If the policy will not cover a boundary dispute, the buyer carries that risk. Some buyers will pay less, ask you to deliver a survey, or walk away. Others will accept the exception.

Texas: how area and boundary coverage works

Short answer: in Texas, the standard policy has an exception for area and boundaries, and the title company may amend it, subject to its own requirements and a premium.

The Texas Department of Insurance publishes the Basic Manual of rules for title insurance. Procedural Rule P-2 describes amending the exception to area and boundaries, which appears as Item 2 of Schedule B. According to that rule, a title company may accept an existing real property survey and not require a new one if it is willing to accept evidence of the existing survey and an affidavit verifying it, regardless of the age of the survey or who it was prepared for. For residential real property, the affidavit is TDI Form T-47. The policy must cover the same land the existing survey describes, and the survey must be acceptable to the company.

Rate Rule R-16 sets the premium for amending the exception in an owner's policy as a percentage of the basic premium rate. The percentage differs for residential and non-residential land. Ask the title company for the figure in your transaction.

TDI's owner's policy page adds that Form T-1 is commonly used for commercial property and undeveloped land. In practice, that means vacant land buyers usually deal with this exception.

Whether a given company will accept your old survey is its decision. Ask early.

What if my survey is old, or I only have a legal description?

Short answer: an old survey can still be useful, and a legal description alone can still be enough to sell, but the buyer or title company decides what they will accept.

You have an old survey. Find it and the paperwork that came with it. Under the Texas rule above, a title company may be willing to accept an existing survey with a verifying affidavit. Ask whether it will. Be ready to say honestly what has changed since: new fences, roads, structures, or boundary changes.

You have a metes-and-bounds description but no survey. That description, which uses directions and distances to trace a boundary from a starting point, is usually found in your deed. It is a written description, not a measurement of the ground today. A buyer or title company may still want a surveyor to confirm that the description closes and matches the land.

You have nothing but a tax record. You can still talk to buyers. Send the deed, the parcel number and any plat. Say plainly that no survey exists. The buyer can then decide whether to order one, price in the risk, or require an exception.

If a neighbor has used part of your land, or you have used part of theirs, tell a Texas real estate attorney before you sign anything. Do not assume the fence is the line.

Outside Texas, verify rather than transplant the rule

Short answer: every state has its own title and survey practices. Do not assume the Texas rules above apply to your land.

The Texas material above comes from the Texas Department of Insurance and applies to Texas policies. Other states regulate title insurance differently, and the policy forms, standard exceptions and survey practices may not match. Before you rely on any of it for land in another state, look up:

The state insurance department or title regulator for how title insurance forms and exceptions work there.
The state's surveyor licensing board, so you hire a licensed surveyor in the state where the land sits.
Whether a local title company or attorney handles closings, and what survey practices they follow in your county.
Your purchase contract, which controls who orders and who pays for a survey.

When in doubt, ask the licensed title or escrow company in the property's state. A local real estate attorney can answer questions the title company cannot.

What to ask the title company or an attorney

Will the title commitment include an exception for area and boundaries, and what would it take to amend it?
Will you accept my existing survey, and what affidavit or other paper do you need with it?
What does amending the exception cost on this transaction, and who pays under our contract?
Does the legal description in my deed match the survey and the tax record?
Are there recorded easements, or access matters, that a survey would need to show?
If a new survey shows a different acreage or a boundary problem, what happens to the price and to my obligations under the contract?
Do I need to disclose any boundary dispute, encroachment or neighbor claim?

What a buyer (including StraightAcre) will want to see

You do not need all of these to start a conversation. They help a buyer review the land without guessing:

The vesting deed, with the legal description.
Any existing survey, plat or surveyor's notes, and any affidavit signed with it.
The parcel number and the most recent tax statement.
Recorded easements, restrictions or access agreements you know about.
A short written note on fences, roads, structures or boundary questions you know of.
Any prior title policy or commitment.

StraightAcre reviews land in active markets in Texas (Travis, Collin and Harris counties), Florida, Illinois, Alabama, California, Georgia, Washington, Rhode Island and New York, and accepts inquiries from all 50 states. It buys directly or assigns its purchase contract to a vetted buyer, and tells you in writing which before you sign (see how we buy). Closings run through a licensed title or escrow company in the property's state. The free written parcel review is a preliminary public-record summary. It is not an appraisal, survey, title opinion or approval to build.

This guide is general education, not legal advice. For your situation, talk to a Texas attorney or a licensed title company, or the equivalent in your state.

Sources and further reading

Related guides

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