How to Access Property Records in Texas

What Information Can You Find in Texas Property Records?

Some Texas property records include:

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

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.

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.

Property Liens and Encumbrances 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

You agree to voluntary liens whenever you use your home as collateral for a loan, such as when you take out a mortgage.

• Mortgage Liens - Mortgages and liens are normal parts of a real estate deal. When the borrower signs the mortgage, they agree to the lender placing a lien on the property. The 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 - These include the repayment schedule, the length of the loan, 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

Involuntary liens are those over which you have no control. They are imposed because of a debt you owe. There are three types of involuntary liens. They are as follows:

• 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 - 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 house is sold.

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 to fill out the lien form. Texas mechanic's lien forms are known as Affidavits of Lien. The document differs depending on whether the claimant is an original contractor or subcontractor/supplier. It 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 by certified mail within five days of filing, with the return receipt requested. After this, the lien holder may enforce or release the lien. The lien is valid for two years from the last day of the filing period or one year from the completion of the work.

Easements and Covenants

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 help show where the property boundaries lie. A plat shows the boundaries of several properties so you can see neighboring areas, while a survey shows only the boundaries of a single property. Both offer helpful information.

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.

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 identify the property uniquely.

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 Code specifies 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 - These include land survey plats, improvement survey plats, and ALTA surveys.
• Engineering Surveys - These 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 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.

Foreclosures

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