Guides & Tools / Land & property
Owning land in Texas comes with a set of rules unlike almost anywhere else: you can own the dirt but not the oil beneath it, own the water under your land but not the creek running across it, and build almost anything on a rural lot because the county can't tell you otherwise. This guide is a plain-English map of how land works in Texas - buying it, the rights that come with it, the taxes on it, what you can do with it, and what happens at the property line. Use it to get your bearings and to know the right questions to ask.
The whole guide
Seven sections, each explaining the concept in plain English and then naming who gives the real answer for your situation.
Deeds (and which one protects you), title insurance and the exceptions to read, surveys, and a rural due-diligence checklist.
Before you buy ->The famous Texas split: you can own the dirt but not the oil - and the mineral owner can use your surface to reach it.
Surface vs. minerals ->Two completely different rules: state-owned surface water (a TCEQ permit) vs. the groundwater under your land (rule of capture).
Who owns the water ->The ag, wildlife, and timber valuations that save landowners money - and the rollback-tax trap when you change the use.
Land valuations ->Counties can't zone and Houston has no zoning - but septic, floodplain, deed restrictions, and ETJ rules still apply.
Land use & zoning ->Open vs. closed range, who pays for a fence, why a fence isn't the property line, adverse possession, and easements.
Fences & easements ->When the government or a pipeline wants your land: the condemnation process and your Landowner's Bill of Rights.
Your rights ->Who handles what
This hub points you to authorities - it never replaces them. Send each question to the right source for your deed, your county, and your facts.
Plain-English landowner education
Texas A&M (TRERC & AgriLife)
The neutral, plain-English starting point - TRERC and AgriLife's 'Owning Your Piece of Texas.'
Texas Real Estate Research Center ->Oil, gas & minerals
Railroad Commission + county deeds
The RRC regulates drilling and production; mineral OWNERSHIP lives in county deed records (use a landman or oil-and-gas attorney).
RRC - surface ownership FAQ ->Water (surface & ground)
TCEQ / TWDB / your GCD
TCEQ permits surface water; the TWDB and your local Groundwater Conservation District handle groundwater.
TCEQ - water rights ->Property tax & valuations
Comptroller + your CAD
The Comptroller and your County Appraisal District handle ag/wildlife/timber valuation, rollback, and exemptions.
Comptroller - ag & timber ->Eminent domain
Texas Attorney General
The Landowner's Bill of Rights spells out your rights when someone wants to take your land.
Eminent domain (State Law Library) ->Your specific situation
A Texas attorney & title company
Property questions are fact-specific - a licensed Texas real estate attorney and a title company give the real answer.
Texas State Law Library ->Separate from the tax exemption, the Texas Constitution strongly protects your homestead from forced sale by most creditors - often considered among the strongest protection in the country. There are big exceptions (your mortgage, property taxes, home-improvement and home-equity loans, certain liens). The details are technical; ask an attorney how it applies to you.
Texas's Recreational Use Statute can limit your liability when you let people use your land for recreation - important if you run a hunting lease or let others hike or fish. The protection has conditions, including a limit on what you can charge, so set these up with advice and a written agreement.
These are increasingly common and, like mineral leases, are long and one-sided as written. Have any lease reviewed before you sign.
Every year you can challenge your appraised value with the appraisal district and the Appraisal Review Board - it's a normal, built-in process. See our appraisal-protest guide.
For the homeowner side - the homestead exemption, appraisal caps, and protesting your value - see our homestead and appraisal-protest guides and the property-tax estimator.
Quirks worth knowing
The terms that make Texas land law confusing, in plain language.
The legal document that transfers ownership of land from one person to another.
A general warranty deed gives a buyer the most protection.
When the minerals are split off from the surface so two owners hold one piece of land.
You can own the dirt and someone else owns the oil.
The Texas rule that groundwater under your land is, roughly, your private property - you can pump it even if it draws down a neighbor's well.
Local districts now limit it in much of the state.
A narrow rule that can make the mineral side work around an existing surface use - but the surface owner has to prove it.
It applies in limited circumstances.
A recorded right to use someone else's land for a set purpose, like a driveway or a pipeline.
It stays with the land when it sells.
Latin for 'according to value' - Texas property taxes are based on your property's value.
Your appraisal district sets the value.
Recaptured back taxes (plus interest) when ag or wildlife land is changed to a non-ag use.
Ask the CAD before you change the use.
The legal process by which land is taken under the power of eminent domain.
You're owed fair compensation.
Extraterritorial jurisdiction - the unincorporated ring around a city where it has limited (no-zoning) authority.
Some owners can now petition to opt out.
Quick answers
Maybe not - minerals are often owned separately from the surface. Only a chain-of-title search can tell you, and it's worth doing before you buy. (See Mineral rights.)
If they own or lease the minerals, often yes - the mineral estate is dominant and can use the surface as reasonably necessary. (See Mineral rights.)
Maybe - groundwater districts regulate wells across much of Texas, though small domestic and livestock wells are often exempt. Check whether you're in a district. (See Water rights.)
Usually yes - up to 200 acre-feet for domestic, livestock, or wildlife use, without a state water-rights permit. Ponds just for looks or commercial use may not qualify. (See Water rights.)
Ag, wildlife, or timber valuation can cut the bill a lot - but they require active use and paperwork, and changing the use can trigger rollback taxes. Ask your appraisal district. (See Property taxes.)
Generally there's no county zoning - but septic, floodplain, building codes, and deed restrictions still apply. (See What you can build.)
Not necessarily - an old fence doesn't set the boundary. Only a survey (or, if disputed, a court) settles where the line is. (See Boundaries & access.)
Generally no, absent an agreement or a recorded covenant. (See Boundaries & access.)
For a public use, with fair compensation - and you have rights under the Landowner's Bill of Rights. (See Eminent domain.)
No. This is a plain-English map. For your situation, talk to a real estate attorney, a title company, your appraisal district, or the agency - we name them in every section.
The full directory
Every authority this hub points to, grouped by topic. These are the people and agencies who can actually answer your question.
Sources & a reminder
This hub leans on Texas A&M's neutral landowner research (TRERC and AgriLife's 'Owning Your Piece of Texas'), the relevant state agency or your county, and the Texas State Law Library - and, for your situation, a licensed Texas attorney and a title company.
Caution: This is not legal, tax, or financial advice. Texas land law is fact-specific and the numbers change - confirm anything that matters with the agency, your appraisal district, or a licensed Texas attorney.
