Quick Answer
Texas property rights are shaped by several unique legal frameworks. The Texas Constitution provides strong homestead protections, Texas is a community property state, mineral rights can be severed from surface ownership, and easements and restrictive covenants are governed by Texas common and statutory law. These rights directly affect what you can do with real estate in Texas.
Whether you are buying, selling, or investing in Texas real estate, understanding the property rights that apply is essential. This overview covers the major property right considerations in Texas.
Texas Homestead Protections
Article XVI, Section 50 of the Texas Constitution provides strong protections for homestead property. The homestead is generally protected from forced sale by most judgment creditors, and there are strict constitutional limits on the types of liens that can be placed on homestead property. A married person cannot sell or convey homestead property without the joinder of their spouse. These protections apply to both urban and rural homesteads, with specific acreage limits.
Community Property in Texas
Texas is a community property state. Under Texas law, property acquired during marriage (with certain exceptions) is presumed to be community property owned equally by both spouses. This means that both spouses generally must join in any conveyance of real estate acquired during the marriage, even if only one spouse is listed on the deed. The title company will typically require both spouses to sign the deed and other closing documents.
Mineral Rights
In Texas, mineral rights can be owned separately from surface rights. A prior owner may have reserved mineral rights when transferring the surface. Oil, gas, and other mineral interests may be owned by different parties. The title search will reveal whether mineral rights have been severed. A standard Texas title insurance policy typically contains an exception for mineral reservations in the public record.
Water Rights
As discussed in our farm & ranch guide, Texas distinguishes between surface water (owned by the state) and groundwater (governed by the rule of capture with local district regulations). Water rights are complex and generally not determined through a standard title search.
Easements and Restrictive Covenants
Recorded easements and restrictive covenants affect how property can be used. Common easements include utility easements, access easements, and conservation easements. Restrictive covenants are typically found in subdivisions and may regulate building, land use, and other activities. These will appear on Schedule B of the title commitment. For more, read what are title exceptions.
Property Research Before You Buy
Before you buy, before you invest, know more about the property. 1st Option Title offers free Property DNA Reports that provide comprehensive property research information. A Property DNA Report is not title insurance or a legal opinion. It is an informational research report to help you make informed decisions early in the process.
FAQs
Can a married person sell Texas real estate without their spouse?
If the property is homestead or community property, both spouses generally must join in the conveyance. Even if the property is separate property, the title company may still require spousal joinder under certain circumstances.
Does Texas have a homestead exemption for property taxes?
Yes. Texas provides a homestead exemption from school district property taxes for qualifying homeowners. The exemption reduces the taxable value of the homestead.