Texas Property Records

Texas is the backdrop of many great Western movies and is known for cowboys and oversized everything. The Lone Star state is immense and diverse, with miles of plains, coastal areas, and mountain regions. It offers residents something for everyone.

Texas property records help to keep this vast area organized. Property records prove land ownership and are used to transfer property in real estate deals and as it is passed down to heirs. They also track property values and keep track of lot sizes, plot maps, boundaries, taxes, liens, and other related items.

Property records in Texas include things like deeds, insurance, tax records, liens, building permits, appraisals, and foreclosures.

This comprehensive guide will introduce you to the various types of property records, what they are used for, how to find them, and how to correct errors on official records.

What Are Texas Property Records?

Texas property records are official government documents that track the value of a specific real property, its taxes, size, appraisals, building permits, liens, and other things related to it.

Each county clerk's office creates, stores, and maintains most Texas property records. For example, the Harris County district clerk handles all property-related items in the county. Each county appraisal district will also have property tax records. The courts may also have some Texas property records.

Some Texas property records include:

Deeds
Liens
Tax Records
Ownership History
Mortgage Records
Foreclosures
Plat Maps
Easements / Conveyances
Property Details
Zoning
Boundary Lines
Property Address

Above is only a partial list of the available records. Property records may also contain much more information about the property itself, the owners, and lienholders.

Why are Property Records Public?

As a system of checks and balances, the government must make property records public so that everything is fair and equitable and everyone has access to the same information.

The Role of the County Clerk

Texas does not have an official registry of deeds, but it does have a county clerk's office in each county that handles the property records. After a real estate transaction, you must file the completed and signed paperwork with the county clerk for it to become official.

How Property Records are Maintained in Texas

All official property records in Texas must go through the county clerk's office. They maintain these records, updating them as necessary as property changes hands. They also update property records when someone dies, gets married, or is divorced.

Whenever a new transaction occurs, the appropriate party must provide the county clerk's office with a copy of the paperwork so the office can record it. Each county keeps records according to its own bookkeeping system, assigning document numbers to each piece of paper, much like a library.

Accessing Records at the Registry of Deeds in Texas

Texas land records are public records, and the county clerk's office is responsible for providing them to the public. To access Texas public records, you can visit the county clerk's office where the property is located or perform a Texas property records search online at the county website. If you want to save time, you can use a commercial website like PropertyChecker, where you can find millions of records online instantly.

Registry of Deeds Locations in Texas

The Texas Secretary of State maintains a list of all the county clerks' offices, including their addresses, phone numbers, and fax numbers.

Types of Property Records

There are many types of property records in Texas you can review about a specific piece of land or property. Some of these include:

Texas Deeds and Conveyance Records

Deeds are some of the most critical property records. They prove ownership and are used to transfer real estate when it is sold or bought and when someone dies. Deeds are also utilized in foreclosure sales.

The most common deeds used in Texas are the General Warranty Deed, Special Warranty Deed, Deed without Warranty, and Quitclaim Deed.

Some other deeds used in Texas are Life Estate Deeds, Trustee Deeds, Deeds in Lieu of Foreclosure, and Transfer on Death Deeds.

Deeds also convey easements, rights of way, restrictions, and other limitations that affect the property.

Deeds in Texas include grantor and grantee information, including name and address. The deed will also contain the property's legal description and address. Liens will also be listed on the deed, along with the signatures of each party.

Liens, Encumbrances, and Property Records in Texas

One of the more interesting aspects of property records that affect real estate deals is liens. Along with mortgage liens, other involuntary liens affect property values and your ability to buy and sell property.

Voluntary Liens

Mortgage Liens

Mortgages and liens are a normal part of a real estate deal. When the borrower signs the mortgage, they agree to the lender placing a lien on the property. This lienholder will be listed on the deed. The mortgage gives the lender the right to seize and sell the property if the borrower defaults on the loan.

Mortgage liens are not the only type that might show up in Texas property records. You may also find judgment, mechanic's, and tax liens. Tax liens are serious business and may result in the homeowner losing their home.

Mortgage contracts contain the following information:

Mortgage Terms - For example, the repayment schedule, how long the loan is in effect, penalties, and provisions for default and foreclosure.
Parties' Details - These include the names and contact information of the lender and borrower.
Property Details - These primarily include the property address and legal description.

Involuntary Liens

Texas Mechanic's Liens

Mechanic's liens are a legal tool contractors, subcontractors, laborers, and others use to place a lien on a property when they have not been paid for their work. For example, if a contractor builds an addition on a house and the owner refuses to pay the bill, the contractor can take official steps to put a lien on the property to get paid. A mechanic's lien may also end up in court as a civil lawsuit. At the very least, the contractor will be paid from the proceeds if the house is sold with the lien.

Tax Liens in Texas

Tax liens are involuntary liens imposed by the local or federal government for unpaid taxes. If a homeowner does not pay their property taxes within a short time, the local tax assessor's office will send them a notice demanding payment. If the homeowner still doesn't pay, the assessor will send them another notice claiming their intent to put a lien on the property. If that does not result in payment, the government can seize the home and sell it at a foreclosure auction. This entire process usually takes a few months, but homeowners can lose their homes if they don't pay taxes on time.

Judgment Liens

Creditors use Texas judgment liens to facilitate payment of unpaid debts. If a homeowner fails to pay someone, they can sue the person in civil court. When the court awards the plaintiff a cash settlement, the judge may grant the creditor a judgment lien against the defendant's home if the homeowner doesn't have the money. Judgment liens stay on the property for ten years and are paid out when the home is sold.

How Liens Affect Property Records

When buying a piece of property in Texas, you expect to see mortgage liens on it. It may be more complicated if the property has other types of liens. Tax, judgment, and mechanic's liens must be paid off before the property can be sold. Liens can reduce the value of the property. For buyers, this may not be a bad thing. Before buying real estate, research property records to find out all you can.

Sometimes, people make mistakes, and no one removes a lien from property records even when the debt has been paid off. This can complicate real estate deals, and title companies usually become involved and must work to resolve these issues.

The Process of Property Liens in Texas

The Texas Property Code governs the process of property liens in Texas. The specific procedure for creating a lien on a property in Texas differs based on the lien type. Here is how claimants can file a mechanic's lien in the state:

Texas has preliminary notice requirements depending on the type of project. For residential projects, subcontractors and suppliers must notify the property owner and prime contractor by the 15th day of the second month of work. They must send a notice for each month of work that went unpaid. For non-residential projects, those contracting with the prime contractor must send notice by the 15th day of the third month of work. On the other hand, those who contract with anyone other than the direct contractor must send two notices: one on the 15th day of the second working month and the other on the 15th day of the third working month. It is important to send all these notices as they secure lien rights. In addition, if the residence is a homestead, the claimants should ensure the lien requirements as such properties are protected under state law.
The next step is filling out the lien form. Texas mechanic's lien forms are known as 'Affidavit of Lien.' The document differs depending on the claimant's position as an original contractor or subcontractor/supplier. The form requires information such as the cost of the work or supplies, the owner's name and address, the original contractor's name and address, a property description, a list of all the notices sent, and the claimant's name and address.
Filing the lien at the County Clerk's office requires the claimants to provide certain fees and meet recording requirements. Individuals may attach documents such as invoices or work orders for the project, copies of notices, and a copy of the written contract. Attaching these documents helps to ensure the validity of the lien and reduces the chances of a dispute.
After filing, the claimant must notify the property owner and general contractor of the lien's existence. Individuals must send the notice within five days after filing by certified mail with the return receipt requested. After this, the lien holder may enforce or release the lien. Validity of the lien is the later of two years from the last day of the filing period or one year from the completion of the work.

Property Tax Records

Another essential type of property records in Texas is tax records. Property tax records show the lot size, value, and tax rate. They also indicate whether the homeowner owes any back taxes, if there are tax liens on the property, or if it is in foreclosure. Property tax records in Texas are under the Tax Assessor-Collector's office and contain the following information:

Tax Rates - The record should show the applicable taxable rate.
Exemptions - The document should contain any exemptions applying to the property.
Assessed Value - The assessor uses the market value to determine the owed taxes. Therefore, this value should appear in the record.
County Details - The document should provide details of the recording office and the county where it was recorded.
Property Details - The document should give information on the property, such as key identifiers and a legal description.
Owner Information - The document should mention the owner who is liable for the property taxes.

Easements and Covenants in Texas

Easements give legal rights to the property to someone other than the owner. It might include a right-of-way for the town to access specific areas of someone's property. Covenants require that the property be used in a particular manner. Condo associations have a covenant restricting how condo owners can use their homes and the common areas. Easements and covenants are essential information you need before buying. Thankfully, you can find this information in public property records.

Plats and Surveys

When building new construction or considering a property to buy, plats and surveys can be helpful to show where the property boundaries lie. A plat shows the boundaries of several properties so you can see neighboring areas. A survey shows only the boundaries of a single property. Both offer helpful information.

How to Find Property Survey Records in Texas

You can visit the Texas State Library and Archives Commission (TSLAC) online to find property survey records in Texas. You could also visit the local county clerk's office for copies.

Historical Property Records

If you need more in-depth historical records, visit the Texas State Library and Archives Commission website or each county clerk's office. You can also search online using a tool like PropertyChecker to find historical property records.

Searching for Property Records

There may be many reasons why you need to find specific property records. You have a few options when searching for property records in Texas.

Online Property Record Search

Many local counties have websites with built-in property records search tools, providing instant access to many records. However, some limit the information you can access and may remove owner or other personal information.

In-Person Property Record Search

You can always visit any local county clerk's office to request copies of public property records. You may have to wait while they search and find the records, and some offices may charge a nominal fee for copies.

Using Property Record Indexes

The internet is full of public and private property record indexes that you can use to search for property records. However, the records may be outdated or incomplete depending on where these sources get their information.

Utilizing Commercial Services

One of the most effective and time-saving ways to search for Texas property records is to use a commercial website like PropertyChecker, where you can search millions of records 24/7 using unlimited searches. Records come directly from the official source and are constantly updated.

How to Search Property Records by Address

Many property records search tools allow you to enter the property address and view all the accompanying records. The property address is the most essential information.

How to Search Property Records by Name

Sometimes, you can enter the owner's name to find out information about the property, but it may not always be possible with all search tools.

Understanding Property Ownership in Texas

Property ownership is determined through deeds. However, a deed does not mean title rights to the property. Because property records are public, it's easy to determine who owns a piece of property. That person will be linked to the property on many different types of records, including mortgages, deeds, liens, taxes, etc.

What is a Chain of Title?

The chain of title refers to the complete list of all owners since the property was first owned and sold. There should be no break in the chain with any gaps between owners. Someone must always own the property despite what is shown in property records. The chain of title is interesting to review for some historic properties.

Ownership History and Transfers

Ownership history on a property can be traced all the way back to the beginning of when it was first owned. Every transfer, regardless of whether it is through a real estate sale or death, will be recorded and show the complete chain of title.

How to Get Property Owner Information

If you have the property address, you should be able to access property records and at least find the owner's name and address. You could find out additional details depending on the type of records. You might be able to see liens, foreclosures, mortgage amounts, etc.

Property Descriptions and Boundaries in Texas

Deeds and other property records contain a legal description of the property. It may detail the type of land, official landmarks, waterways, zoning, and other items to uniquely identify the property.

Surveys and Land Measurements

Along with deed information, you might also see surveys, plats, and land measurements. Each piece of land is measured to determine size and tax rate. You will see lot sizes on deeds, property tax records, surveys, and maps. These documents come into play whenever there is a legal dispute over boundaries or land rights.

Texas real estate transactions and property ownership depend greatly on property surveys. Individuals in Texas are advised to get property surveys when obtaining, financing, or buying title insurance. Property surveys ascertain and record a property's boundaries, specifications, and physical attributes. The survey accurately depicts the property's size, shape, and position in relation to nearby properties. Only a professional, licensed, and insured land surveyor may conduct property surveys in Texas. Texas's Administrative Codespecifies detailed rules and requirements for property surveys. The Texas Board of Professional Land Surveying also has industry standards for surveyors to follow. The following are types of property surveys conducted in Texas:

Boundary Surveys - They include land survey plats, improvement survey plats, ALTA surveys, and other types.
Engineering Surveys - They include topographic surveys, right-of-way acquisition surveys, and construction surveys.
Environmental Surveys - They include surveys that monitor well locations, landfill surveying and remedial practices, and wetlands delineation.

Boundary Disputes and Resolutions

Boundary disputes are common where one neighbor believes the other is trespassing on their land. Some boundary or land disputes end up in court. When this occurs, official land records like surveys, appraisals, maps, plats, and deeds will be used to determine the outcome. Both parties may need to hire lawyers to work the case for them.

Property Records and Real Estate Transactions in Texas

Property records are a valuable resource when buying, selling, or facilitating the transfer of property. They can be used in many helpful ways. Some of the most common uses for property records in Texas are:

Buying Property: Due Diligence

When buying property, you must perform due diligence to learn all you can to make a sound investment. Property records can provide you with essential details like ownership history, liens, foreclosures, boundary issues, title issues, deed easements, and restrictions.

Selling Property: Providing Disclosure

When selling property, it's essential to be transparent and provide disclosures to the potential buyer. You can do this easily through historical and current property records. Even if you don't have the information, you can obtain it quickly with official copies.

Title Searches and Insurance

During a real estate transaction, the title company will perform a thorough title search, looking for any title defects (unknown legal claims on the property) before closing. The mortgage company will also require that you invest in homeowners insurance to protect the property for the life of the loan.

Foreclosure and Property Records in Texas

A foreclosure is when a lender, government agency, or creditor seizes property and sells it at auction to recoup unpaid debts. Property records will show if the real estate is in foreclosure or has been in the past.

Property Records and Property Values

Local and state government offices use property assessments and appraisals to value property for sale or estate matters. These property values appear on tax records, mortgages, and other public records.

Official appraisals will also show the property's fair market value (FMV). Tax officials in Texas use the FMV as the basis for property taxes. Appraisals are an essential component of taxation in Texas.

The median property value in Texas is approximately $262,000, with an average median rent price of $1,595. Some lucrative real estate markets are Austin, Houston, Beaumont, and Dallas.

Factors that Determine Property Values in Texas

Proximity to Job Opportunities - The accessibility to large employment opportunities and job centers can considerably impact property values. For instance, houses near Austin's Central Business District, known for its thriving tech industry, may be worth more.
School District - Families may consider school district quality to be necessary, and it may affect property values. For example, property in Dallas's Highland Park Independent School District, known for its top-rated schools, may fetch a greater price.
Access to Recreational Opportunities - Property values may be impacted by a location's proximity to leisure opportunities like lakes, parks, or outdoor pursuits. For example, South Padre Island, famed for its beaches and water activities, may see increased property values.
Urban Development and Revitalization - Property values may rise in areas undergoing urban development or regeneration. For example, Houston's change in recent years with new residential and commercial constructions may increase property values in the area.
Transportation Infrastructure - Property values can be impacted by proximity to infrastructure such as highways, airports, or public transportation.

Privacy and Property Records

We live in a world where privacy is dwindling. However, even in public records, you have a right to privacy. Although anyone can access property records and find your name, address, and other details, some elements may remain private. If you find personal information online, you may have been the victim of a data breach.

Protecting Personal Information

You can protect your personal information by contacting local state offices to have them redact any personal details you don't want to show on public records. Removing everything may not be possible, but you can minimize your exposure. Share as little as possible online on social media and other sites. Hackers troll for related information and combine it with public records to form profiles about you.

Maintaining and Amending Texas Property Records

Public records are not perfect. Human beings maintain them, and some records will contain errors. It's crucial to know how to deal with these issues.

Correcting Errors on Property Records

When you encounter errors on property records, you can contact the local county clerk's office to make changes. You may have to supply paperwork to substantiate the correction.

Amending Property Records for Legal Changes

Property records need to be amended whenever people get married, get divorced, or when someone dies. When visiting the county clerk's office, you must bring death, marriage, or divorce certificates to prove the reason for the change.

How to Change the Name on Property Records in Texas

You must contact the local county clerk's office to change your name in property tax records. Be prepared to supply documentation to support the name change, such as a divorce decree or marriage certificate.

What Should I Consider When Buying a Property Using Property Records?

Before buying any property, you should always find out as much as possible about it. You can find title issues, foreclosures, liens, legal issues, easements, and deed restrictions that may affect your decision to buy or not. Always look to PropertyChecker to find out everything you need before buying a home.

Texas County Property Records