Not always. On a Texas resale home, the seller can often provide an existing survey plus a T-47 affidavit or T-47.1 declaration saying nothing has changed, and if the title company and your lender accept it, you may not need a new one. If they won’t accept it, or the property has changed, someone orders a new survey, and the TREC contract decides who pays. Here’s how the survey choices work in the contract and what to look for when the survey arrives.
Brock Bremmer | U.S. Air Force Reserves Veteran | Real Estate Agent | eXp Realty | San Antonio Metro Area
Buyer Contract Specialist
Also see: The Texas Option Period | First-Time Buyer Guide | New Construction Inspections
What Does the TREC Contract Say About Surveys?
The current TREC One to Four Family Residential Contract (Resale), Form 20-19, handles surveys in Paragraph 6C. It says the survey must be made by a registered professional land surveyor acceptable to the title company and your lender. Then the parties check one of three boxes:
| Option | What Happens | Who Pays |
| 6C(1): Existing survey | Within the agreed number of days, the seller delivers the existing survey and a T-47 Affidavit or T-47.1 Declaration | No new survey cost if accepted. If the seller misses the deadline, the buyer gets a new survey at the seller’s expense |
| 6C(2): Buyer orders new survey | The buyer gets a new survey within the agreed number of days | Buyer |
| 6C(3): Seller orders new survey | The seller furnishes a new survey within the agreed number of days | Seller |
Option 1 has a second checkbox that matters. If the title company or lender doesn’t accept the existing survey or the affidavit, a new survey is ordered at the seller’s or the buyer’s expense, depending on which box was checked, no later than 3 days before closing. Negotiate that box up front, because it decides who pays if the old survey is rejected.
Under option 2, if you don’t get the survey ordered in time, you can’t terminate under Paragraph 2B of the Third Party Financing Addendum because the survey wasn’t obtained.
What Is a T-47 Affidavit, and When Is an Old Survey Enough?
The T-47 Residential Real Property Affidavit is a Texas Department of Insurance form the seller signs in front of a notary. The seller states that since the date of the existing survey there have been no:
- New improvements: No new structures, additions, garages, swimming pools, decking, or other permanent improvements
- Fence changes: No changes to boundary fences or walls
- Neighboring construction: No construction on adjoining property near the boundary line
- Title changes: No conveyances, replattings, or easement grants affecting the property
The T-47.1 Residential Real Property Declaration covers the same statements, but the seller signs it under penalty of perjury instead of before a notary, using the unsworn declaration allowed by Texas Civil Practice and Remedies Code §132.001. Both forms took effect November 1, 2024.
The title company relies on these forms when deciding whether to give you coverage for area and boundary issues. If the seller added a pool, built an addition, or replaced a fence along a new line, the affidavit can’t honestly say “no changes,” and you’ll likely need a new survey. Lenders and title companies also set their own standards, so ask early whether the existing survey will work.
Why Does the Survey Matter for Title Insurance?
A Texas owner’s title policy includes a standard exception as to area and boundaries. With a survey the title company accepts, that exception can be amended so you have coverage for boundary issues. Under Texas Department of Insurance Rate Rule R-16, the amendment on a residential owner’s policy costs 5% of the basic premium, with a $20 minimum. The TREC contract lets the parties decide who pays for it.
The survey can also turn up things the title commitment alone won’t show, such as:
- Encroachments: A fence, shed, or driveway crossing a property line
- Easements: Utility or drainage easements running through the yard
- Setback lines: Building lines from the plat that limit where you can add a pool or addition
- Flood zone notes: Many surveys note the FEMA flood zone, which you should confirm yourself on FEMA’s Flood Map Service Center
How Long Do You Have to Object to Survey Problems?
Paragraph 6D sets the objection window. You must object in writing by the earlier of closing or the number of days filled in after you receive the title commitment, exception documents, and the survey. Missing that deadline waives your right to object, though the requirements in Schedule C of the commitment are not waived.
If you object on time, the seller has 15 days to cure, as long as the seller doesn’t have to spend money. If the seller doesn’t cure, you have 5 days after that cure period to either terminate with your earnest money refunded or waive the objections. If a revised survey or commitment shows something new, you get the same window to object to the new item.
This deadline is separate from your option period, so track both.
Do You Need a Survey on a New Construction Home?
Usually a new one, because the house didn’t exist when the lot was platted. The TREC New Home Contract (Incomplete Construction), Form 23-20, requires the survey to be made after substantial completion, either by the seller at the seller’s expense or by the buyer at the buyer’s expense, depending on the box checked. The New Home Contract (Completed Construction), Form 24-20, offers the existing-survey-and-affidavit option like the resale contract. Many builders use their own contracts, so read the survey paragraph before you sign.
For more new construction questions, watch 5 Questions You MUST Ask Before Buying a New Construction Home in San Antonio.
Frequently Asked Questions: Texas Home Surveys
Who pays for a survey when buying a house in Texas?
It depends on the box checked in Paragraph 6C of the TREC contract. The seller can provide an existing survey with a T-47 affidavit, the buyer can order a new one, or the seller can furnish a new one. Who pays for a replacement survey is negotiated in the contract.
Can I use the seller’s old survey in Texas?
Often, yes, if the title company and your lender accept it along with a T-47 affidavit or T-47.1 declaration. If improvements, fences, or easements changed since the survey date, a new survey is usually needed.
Ready to Write a Strong Texas Offer?
Brock Bremmer with eXp Realty is a U.S. Air Force Reserves veteran who has helped buyers and sellers close 120+ homes across the San Antonio metro. He helps buyers negotiate survey and title terms, track objection and option deadlines, and coordinate with title companies and lenders from contract to closing.
- 📞 Call or text: 210-501-5088
- 📧 Email: [email protected]
- 📅 Schedule a free consultation
Also see: The Texas Option Period | How to Sell Your Home in San Antonio | San Antonio Property Taxes
Sources: TREC One to Four Family Residential Contract (Resale), Form 20-19, Paragraph 6; TREC New Home Contract (Incomplete Construction), Form 23-20; TREC New Home Contract (Completed Construction), Form 24-20; TDI Form T-47, Residential Real Property Affidavit; TDI Form T-47.1, Residential Real Property Declaration; TDI Title Manual, Rate Rule R-16; FEMA Flood Map Service Center; Texas Board of Professional Engineers and Land Surveyors, surveyor roster.