Texas and Fort Worth
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The Survey and the T-47 Affidavit

QUICK SUMMARY

A survey shows where the improvements sit on the land, and where easements and setbacks are. The T-47 residential real property affidavit is the TREC form an owner signs to say, under oath, what has changed since an existing survey. The contract lets the parties negotiate whether a new survey is provided or an existing survey plus a T-47 is used. The title company and the lender can still require a new survey if the old one is not acceptable.

A survey is a drawing by a registered professional land surveyor that shows your lot's boundaries and where the house, fences, driveway, easements and other improvements sit on it. On a Texas resale, the seller can often give you their existing survey with a T-47 Residential Real Property Affidavit, or the newer T-47.1 Declaration, saying nothing has changed since it was made. If the title company or your lender won't accept the old survey and the affidavit, a new survey is ordered, and who pays for it is decided in Paragraph 6C of your TREC contract. The survey isn't an appraisal or an inspection. It tells you where things are, not what the home is worth or what condition it's in.

Why the survey matters

A survey connects what's on the ground with what's in the title records. The title company uses it to decide whether it can issue your title policy without a broad exception for boundary problems. It's the document that shows things like:

  • A fence or driveway that crosses a property line.
  • A garage, shed, pool or addition built over a building setback line or an easement.
  • A neighbor's improvement that crosses onto your lot.
  • Utility, drainage or access easements that limit where you can build.
  • Whether the lot matches the legal description and plat.

The standard owner's title policy in Texas includes an exception for discrepancies, conflicts, shortages in area or boundary lines, encroachments, protrusions and overlapping improvements. The TREC resale contract lets you choose whether that exception stays as is or is amended to cover only "shortages in area," and who pays to amend it (TREC 20-19, Paragraph 6A(8)). The title company generally needs an acceptable survey to amend that exception. See how title insurance works.

What the T-47 and T-47.1 are

The T-47 Residential Real Property Affidavit and the T-47.1 Residential Real Property Declaration are forms promulgated by the Texas Department of Insurance. They let a seller reuse an existing survey. The seller states whether there have been any changes since the survey's date, like new fences, buildings, additions, pools or easements, and lists any changes.

  • T-47 Affidavit: sworn and signed before a notary.
  • T-47.1 Declaration: an unsworn declaration that doesn't need to be notarized. TREC added it as an option in Paragraph 6C(1) of its contracts to match an updated TDI procedural rule, with use of the updated contracts mandatory from Jan 3, 2025 (TREC form changes).

Either way, it's a statement made under penalty of law. It doesn't redraw the survey. If something was built after the survey and isn't disclosed, the form doesn't fix that, and a false statement is a serious problem, not a shortcut.

How Paragraph 6C of the TREC contract works

On the One to Four Family Residential Contract (Resale), TREC No. 20-19 (form dated 05-04-2026), Paragraph 6C says the survey must be made by a registered professional land surveyor acceptable to the title company and your lender. The parties check one of three boxes (TREC 20-19):

  1. 6C(1), seller's existing survey: within a set number of days, the seller gives you and the title company the existing survey plus a T-47 Affidavit or T-47.1 Declaration. If the seller doesn't deliver both on time, you get a new survey at the seller's expense no later than 3 days before closing. If the title company or your lender doesn't accept the existing survey or the affidavit, a new survey is obtained at the expense of whichever party is checked in that paragraph, seller or buyer.
  2. 6C(2), buyer's new survey: you may get a new survey at your expense within the days stated. If you don't get one, you can't terminate under Paragraph 2B of the Third Party Financing Addendum because the survey wasn't obtained.
  3. 6C(3), seller's new survey: the seller furnishes a new survey at the seller's expense within the days stated.

Then Paragraph 6D gives you a window to object in writing to matters the survey or title commitment reveals, and gives the seller a cure period. If the survey is revised, you can object to new matters it shows.

Who pays

There's no single Fort Worth or Tarrant County rule for who pays for a survey. It's a negotiated term, set by which box is checked in Paragraph 6C. In 6C(1), the contract also asks you to choose who pays if the old survey isn't accepted. Fill in that blank on purpose, because it's the most common surprise. See who pays closing costs in Texas.

What the lender requires

This is where the layers matter:

  • FHA: HUD says a survey isn't required by FHA. A lender can charge a survey fee if the lender requires one (HUD 4000.1 II.A.6, Closing Costs and Fees, Property Survey).
  • Lender and title requirements: in Texas, the practical driver is usually the title company and the lender's title policy requirements, including whether the area and boundary exception can be amended. Whether an existing survey and T-47 are acceptable is their call, not the seller's.
  • Appraisal: the appraiser doesn't do a boundary survey. See what a mortgage appraisal checks.

Timing

Surveyors schedule their own work, and a new survey can take time to order, complete and review. The title company also needs time to read it and update the commitment. Settle the survey question early in the contract, not the week of closing. The title company can tell you quickly whether it will accept the seller's existing survey once it has it.

Fictional example

This example is made up to show how a survey problem plays out.

Derek is buying a home in Haltom City. The contract checks 6C(1), and the seller delivers a survey from several years ago with a T-47.1 Declaration saying nothing has changed. During the option period, Derek walks the backyard and sees a large storage building that isn't on the old survey. He tells his agent, who asks the title company. The title company won't rely on the declaration as written, so a new survey is ordered at the expense of the party checked in 6C(1). The new survey shows the building sits partly in a utility easement. Derek now has time under Paragraph 6D to object, and the parties work out whether the seller will move it, get a release, or whether Derek accepts it. Because this came up early, nobody was surprised at the closing table.

Common mistakes and myths

  • "The appraisal includes a survey." It doesn't. The appraiser estimates value; the surveyor locates boundaries.
  • "A T-47 means no one checks." The title company and lender still decide whether to accept the old survey.
  • "Small changes don't need to be listed." New fences, sheds, pools, additions or driveways are the kind of thing the form asks about.
  • "The seller always pays for a new survey." It depends on the box and blank checked in Paragraph 6C.
  • "I can skip the survey and terminate later if I need to." Under 6C(2), not getting the survey doesn't give you a financing termination right under the Third Party Financing Addendum.
  • "The survey is the same as my tax plat." Appraisal district maps aren't surveys.

What to have ready

  • Your executed contract with Paragraph 6C completed.
  • The seller's existing survey and signed T-47 or T-47.1, if 6C(1) applies.
  • A walk-through of the lot to compare the survey with what's actually there.
  • Your title company's contact so the survey gets to them quickly.

Next step

Under contract in Fort Worth and not sure whether the seller's survey will work? I'll help you track the survey with the title company early so it doesn't hold up closing. Book a call, or when you're ready, start an application.

Related questions

Sources

Links checked Oct 21, 2026.

About the author: McKade Lively, NMLS 2704474, American Pacific Mortgage Corporation dba True North Home Loans, NMLS 1850.

Equal Housing Opportunity.

Last reviewed: Oct 2026

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McKade Lively, NMLS #2704474. Equal Housing Opportunity.