Selling Land in Texas for Future Highways: What You Need to Know
B. Moss Get Cash Offer Now When government agencies or transportation authorities plan highway expansions, some private lands are earmarked for acquisition. If you own
When buying or selling land in Texas, understanding water rights is critical. These rights can dictate what the land can be used for, who has access to its water, and how the property’s value is assessed. Texas has a unique system that separates groundwater and surface water laws, making it essential for buyers and sellers to grasp the legal landscape before making any transactions.
Texas follows the Rule of Capture, meaning landowners can pump as much groundwater as they need, even if it depletes their neighbor’s well. However, some Groundwater Conservation Districts (GCDs) regulate water extraction to prevent overuse. Prospective buyers should check if the land falls under such a district, as these regulations may impact water availability.
Unlike groundwater, surface water is owned by the state, and individuals or businesses must apply for permits to use it. These permits, issued by the Texas Commission on Environmental Quality (TCEQ), define the amount of water that can be withdrawn and for what purpose. Importantly, surface water rights do not automatically transfer when land is sold—buyers must ensure these rights are legally assigned in the transaction.
Texas law allows water rights to be separated from the land and sold independently. This means:
When purchasing land, it is crucial to verify whether these rights are intact, as their status can affect the property’s future use and value.
The availability of water rights can make or break a land deal. Land with secure, well-documented water rights tends to be more valuable, particularly for agricultural, industrial, or residential development. Properties with unclear or missing water rights may face restrictions that lower their market appeal. Buyers should always conduct due diligence to determine what rights come with the property.
Before finalizing a land purchase, consider these key legal aspects:
A thorough legal review prevents surprises and ensures that the land meets the buyer’s needs.
Water rights are an integral part of land ownership in Texas. Whether buying or selling, understanding the distinction between groundwater and surface water is essential. Since these rights can significantly impact a property’s value and usage, thorough research and expert consultation are necessary for a smooth transaction. By clarifying water rights beforehand, buyers and sellers can make confident, informed decisions.
Do water rights automatically transfer when buying land in Texas?
Can water rights be sold separately from the land?
What role do Groundwater Conservation Districts play?
What should buyers check before purchasing land with water rights?
Are there recent legal changes affecting Texas water rights?
Our process is simple and easy. Just fill out our online form or give us a call. We will then schedule a time to view your property and make you an offer.
The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer.
The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer. We can typically close on a deal within 30 days of receiving your signed contract.
No worries. We are in the business of solving problems. We have worked with this issue on several occasions. Give us a call and we will work closely with you to fill in the appropriate documents to legally sell.
Not an issue. There is still value in your land. We will make you an offer and you will still leave the closing table with funds in your pocket.
This is not a concern. A deed is a legally recorded document. As long as the property was properly purchased, we can acquire a copy of the deed in the county records.
A title search is a process of investigating the ownership history of a property to identify any potential title defects. A title search is important to ensure that the seller has a clear title to the property and can legally sell the land.
You will only leave the closing table with payment for your property. You will not pay for a survey (if one is required) and you will not be responsible for closing costs, which typically is required in a standard sale. We have you covered.
No, you have the option for an in person closing or a remote closing. You can come in person to the title office to sign the deed and receive payment directly or you can handle the closing remotely in which you will travel to a certified notary to sign necessary documents.
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