FAQs

Title insurance is a unique form of protection that safeguards your ownership rights to real property. Unlike other types of insurance that protect against future events like fire or flood, title insurance protects against issues from the past—such as errors in public records, undisclosed liens, or past ownership disputes. Title policies are issued after a thorough examination of the property’s title history to ensure a clean and secure transfer of ownership.

Title insurance plays a vital role in protecting your investment. The behind-the-scenes research and due diligence performed by a title company help ensure a smooth and secure transfer of ownership. While no system is infallible, title insurance provides peace of mind that any covered issues discovered after closing will be addressed. Best of all, the premium is paid only once at closing, and your policy remains in effect for as long as you own the property.

Texas has the most highly regulated title insurance industry in the country. The Texas Department of Insurance (TDI) governs all aspects of title insurance—including premium rates and policy language. This means:

• All title insurance rates are the same, regardless of which title company you choose.
• All policy forms are standardized across the state.

Because companies can’t compete on price or coverage, service becomes the key differentiator. Choosing a title company with a reputation for excellence and responsiveness is essential.

Yes. In Texas, you have the right to choose your title agent and the insurer (underwriter) that issues your policy. Since rates and coverages are fixed by the state, your decision should be based on the level of service and expertise provided by the title company.

• Owner’s Policy: Typically paid by the seller, though this is negotiable.
• Loan Policy: Usually paid by the buyer or borrower, but again, payment can be negotiated as part of the contract.

The State of Texas offers homeowners the opportunity to apply for and receive a General Residence Homestead Exemption, which can significantly reduce their property tax burden. This exemption lowers the taxable value of a home by excluding a portion of its assessed value from taxation.

A residence homestead may include a separate structure, a condominium, or a manufactured home located on owned or leased land, as long as the person living in the home also owns it.

1. It Makes Your Title Search More Complete
Title companies base their research on official property records filed with the county. These records typically don’t reflect physical encroachments or boundary issues, which means problems like fences, driveways, or structures built over setback lines or easements could go unnoticed. A professional land survey reveals these potential issues, providing a clearer picture of what you’re actually buying.

2. It Closes Legal Loopholes
Without survey coverage, resolving boundary-related disputes can become complicated and costly. If you rely on an existing survey prepared for a prior transaction, you may have no legal standing (“privity of contract”) to hold the original surveyor accountable if errors are discovered. Survey coverage, paired with a reviewed and accepted survey, helps bridge that gap and offers legal protection.

3. It’s a Small Cost for Big Peace of Mind
For a minimal additional premium—just 5% of the basic title insurance premium—buyers can secure survey coverage on a residential transaction. This relatively small expense is often well worth it, offering financial protection against issues that could otherwise result in major legal or repair costs down the road.

No. Texas does not impose mortgage, transfer, or similar taxes on real estate transactions.

For more information about title insurance regulations in Texas, visit https://www.tdi.texas.gov