Top 5 Myths About Owning Land in Texas
A lot of people think owning land or a home in Texas is simple. You buy it, and it’s yours—right? Not always. There are rules and laws that can affect what happens to your property, who owns it, and what you can do with it. Here are five common myths about owning real estate in Texas and the truth behind them.
1. "If My Name Is on the Deed, No One Can Take My Land"
Having your name on a deed does not mean your property is 100% safe from others making a claim on it.
If you don’t pay your property taxes, the county can take it. This is a foreclosure suit and can get really messy, especially if you try to buy someone else’s property at the courthouse steps.
If you co-own land with someone else, they can ask the court to sell it. This is called a partition lawsuit. This can also get really messy, but is an available remedy if co-owners are fighting about the property. This often takes place when siblings inherit their parents’ property.
If you owe money, a creditor might put a lien on your land.
Owning land is a big responsibility, and it’s important to know the risks.
2. "A Handshake Deal Is Enough to Transfer Property"
In Texas, real estate deals must be in writing to be legal. That means if someone promises to sell or give you land, but you don’t have it in writing, they don’t have to follow through. If you are buying, selling, or gifting land, always get a properly written and recorded deed.
There was one case where a guy signed over the farm on a nap at a bar…
Several lessons there. Not least of which is make sure that a real estate attorney reviews any real estate documents. The other lesson probably has something to do with not betting the family farm on a game of darts.
3. "A Will Automatically Gives My Property to My Family"
A will does not instantly transfer land or a home to your family when you die. Instead, it must go through probate, which is a court process to sort out property after someone passes away. Probate can be expensive and take months or even years.
To avoid this, consider:
A Lady Bird Deed – This lets your land go straight to your heirs without probate.
A living trust – This can help your family get property faster and with fewer legal issues. Whether you need a trust can be answered here.
4. "When My Spouse Dies, I Automatically Get Everything"
Many married couples think that if one spouse dies, the other automatically gets all the property. That’s not always true in Texas.
If the land is community property (bought during the marriage), the surviving spouse keeps their half. But if the deceased spouse had children from another relationship, the other half goes to those children.
If the land is separate property (inherited or owned before marriage), the surviving spouse might only get a one-third life interest, with the rest going to the deceased spouse’s children.
Without a solid estate plan, a surviving spouse may not get full control of the land.
5. "A Home Inspection Is All I Need Before Buying Property"
A home inspection checks the condition of a house, but it does not tell you everything you need to know about a property. Before buying land or a home, you should also:
Check for unpaid taxes or liens – A title search will show if anyone else has a claim on the property.
Look for easements – Some properties allow others to use part of the land (like a shared driveway).
Make sure the boundaries are clear – A survey can help avoid fights with neighbors over property lines.
Final Thoughts
Owning land in Texas can be a great investment, but it’s important to know the facts. These common myths can lead to big mistakes. If you have questions about buying, selling, or passing down land, talk to a trusted real estate attorney to protect your property and your family’s future.
