What is a T-47, exactly?
It’s a form promulgated by the Texas Department of Insurance. The full name is the T-47 Residential Real Property Affidavit. The current version took effect November 1, 2024.
The person signing, usually the seller, swears that to the best of their knowledge, since the date of the survey there have been no:
- construction projects like new buildings, rooms, garages, pools, decks, or other permanent improvements
- changes in where boundary fences or walls sit
- construction on the neighbor’s property on or near the boundary line
- conveyances, replats, or new easements affecting the property, like a utility line
There’s a spot on the form to list exceptions. If something did change, it gets written down there, and the title company decides what to do with it.
What’s the difference between a T-47 and a T-47.1?
They say the same things. The difference is how they’re signed.
- T-47 affidavit: signed in front of a notary.
- T-47.1 declaration: no notary. It’s signed under penalty of perjury and asks for the signer’s date of birth and address.
Both are TDI forms, and the TREC resale contract accepts either one.
Why does the title company care about the survey?
Because of a coverage called area and boundary coverage. A lender can ask for it on the loan policy, and you can ask for it on your owner’s policy.
The T-47 says this plainly: the lender or buyer has asked for that coverage, and the title company is relying on the old survey and the affidavit to give it. The form also notes that the buyer can ask for that amendment on the owner’s policy by paying the premium TDI sets for it.
On the TREC resale contract, that shows up in Paragraph 6A(8). It’s the box that says whether the standard exception for boundary and area issues stays in your owner’s policy or is amended to read “shortages in area,” and who pays for that.
What does the Texas contract say about the survey?
On the TREC One to Four Family Residential Contract (Resale), it’s Paragraph 6C. The survey has to be done by a registered professional land surveyor that the title company and your lender accept. Then one of three boxes gets checked:
- Seller furnishes the existing survey plus a T-47 or T-47.1, within a set number of days. If the seller doesn’t deliver both in time, the buyer gets a new survey at the seller’s expense no later than 3 days before closing. If the title company or the lender won’t accept the existing survey or the affidavit, the buyer gets a new survey, and the contract says whether the seller or buyer pays for it.
- Buyer gets a new survey at the buyer’s expense within a set number of days.
- Seller furnishes a new survey at the seller’s expense within a set number of days.
One detail in option 2 worth knowing. If you’re supposed to get the survey and you don’t, the contract says you can’t use the property approval part of the financing addendum to get out because there was no survey.
When will I probably need a new survey?
From the form itself, a new survey is likely when:
- The seller can’t find the old survey.
- Something was built since the survey. A pool, a shop, a room addition, a covered patio, a bigger driveway.
- A fence or wall on the boundary moved.
- A neighbor built something near the line.
- An easement was granted, or the lot was replatted.
- The title company or your lender won’t accept the old survey.
If you’re buying acreage in Parker County with barns, shops, fence lines, or utility easements, there’s more on the list that could have changed. Plan for the survey question early.
Who decides if the old survey is good enough?
The title company and your lender. Not the seller, not me, and not your agent. The T-47 gives the title company what it needs to decide, and the contract says what happens if they say no.
What does the survey have to do with my loan?
The survey timing has to fit the closing date. If a new survey is needed, the contract’s fallback is no later than 3 days before closing. That’s tight. A survey can turn up an encroachment, a fence off the line, or an easement nobody knew about, and those can take time to sort out with the title company.
So I’d rather know early. When we’re under contract, tell me which survey box was checked, and ask the seller for the old survey and the T-47 right away.
If you’re building instead of buying, start with my construction loan page.
What should I do before writing an offer?
- Ask the listing agent if the seller has a survey and whether anything was built since.
- Look at the property for changes. New fence, pool, shop, addition.
- Talk with your agent about which survey box makes sense and who pays.
This isn’t legal advice. Your agent writes the contract. For questions about the title policy or the survey exception, check with your title company or a real estate attorney. For how it fits your loan and closing date, call me at 817-873-6288.