The T-47 Residential Real Property Affidavit is a Texas Department of Insurance (TDI) form a property owner signs, usually the seller, swearing that nothing on the list has changed since an existing survey was made: no new structures, fence moves, construction along the boundary, or new easements. A title company can then rely on that old survey instead of ordering a new one. The T-47.1 is the same statement as an unsworn declaration, so no notary is needed. Both forms took effect November 1, 2024.
I'm Taylor Ring, a Mortgage Loan Officer with Fairway Independent Mortgage Corporation (The Wood Group) in Belton. The survey question comes up on almost every Central Texas purchase I work on, usually a few days after the contract is signed, when someone realizes the deadline for the old survey and affidavit is already close. This guide is built from TDI's Basic Manual of Title Insurance and the TREC resale contract, read October 23, 2026. I'm not a title agent or attorney; your title company makes the call on your file.
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Who Makes the T-47, and Where It Comes From
People often call the T-47 a "TREC form." It isn't. Both the T-47 and T-47.1 are promulgated by TDI and live in Section V of TDI's Basic Manual of Title Insurance. TREC's role is the contract: the One to Four Family Residential Contract (Resale), TREC No. 20-19, refers to a "Residential Real Property Affidavit or Declaration promulgated by the Texas Department of Insurance (T-47 Affidavit or T-47.1 Declaration)."
The rule behind the form is TDI Procedural Rule P-2, which says that when the insured wants the survey exception amended, a title company "may accept an existing real property survey and not require a new survey" if it's willing to accept the survey plus an affidavit verifying it, "notwithstanding the age of the survey or the identity of the person for whom the survey was prepared." For residential property, that affidavit has to be the T-47.
So an old survey isn't automatically disqualified because it's ten years old or was made for a prior owner. Whether it's accepted is up to the title company, and the contract also lets your lender weigh in.
T-47 vs. T-47.1 at a Glance
| T-47 Affidavit | T-47.1 Declaration | |
|---|---|---|
| Promulgated by | TDI | TDI |
| Effective | November 1, 2024 | November 1, 2024 |
| Signed before a notary? | Yes, sworn and subscribed before a notary | No; an unsworn declaration under Civil Practice and Remedies Code Section 132.001 |
| Signer provides | Name and address | Name, date of birth, and address |
| Extra warning | None beyond the penalty-of-perjury line | Paragraph 7: anyone intentionally making a false statement may be liable for actual and/or punitive damages |
| Allowed by | Rule P-2 | Rule P-2 ("may be used in lieu of a T-47 affidavit") |
Both forms show the Date of Survey in the header, and both have separate signature blocks for each signer, so two sellers can sign on their own. The T-47.1 is handy when the seller can't get to a notary before the contract deadline.
What the Affidavit Actually Says
The T-47 and T-47.1 track each other almost word for word. The signer states:
- Basis of knowledge. "I am an owner of the Property," or another basis such as lease, management, or neighbor.
- Familiarity with the property and its improvements.
- Purpose. The signer is closing a transaction requiring title insurance, the proposed insured owner or lender has asked for area and boundary coverage, and the title company may make exceptions to coverage as it deems appropriate. The form adds that an owner in a sale may ask for a similar amendment in the Owner's Policy "upon payment of the promulgated premium."
- No changes since the Date of the Survey, to the best of the signer's actual knowledge and belief:
- a. construction projects such as new structures, additional buildings, rooms, garages, swimming pools, deckings, or other permanent improvements or fixtures
- b. changes in the location of boundary fences or boundary walls
- c. construction projects on immediately adjoining property that occurred on or near the boundary
- d. conveyances, replattings, easement grants, or easement dedications (such as a utility line) by any party affecting the property
- Reliance. The title company relies on the statements and the existing survey; the affidavit is not for anyone else's benefit and is not a warranty of where improvements sit.
- Limited liability. The signer has no liability to the title company for incorrect information "other than information that I personally know to be incorrect and which I do not disclose."
The T-47.1 adds paragraph 7, the all-caps false-statement warning.
The "EXCEPT" line is where honesty matters. If the seller added a shed, a pool, a deck, or moved a fence, it goes there. Listing it doesn't kill the deal by itself; it tells the title company what to look at.
Why It Matters: The Survey Exception and "Shortages in Area"
A Texas title policy has a standard exception for discrepancies, conflicts, shortages in area or boundary lines, encroachments, protrusions, or overlapping improvements. Under Rule P-2, when the insured asks, the title company can amend that exception to read only "shortages in area," which is the coverage people mean by "area and boundary coverage." An acceptable survey, new or old with a T-47, is what makes that amendment possible.
What it costs, from TDI Rate Rule R-16:
- Loan policy: $0 to amend the area and boundary exception.
- Owner's policy on residential property: 5% of the Basic Premium Rate on the policy amount, but not less than $20.00.
Hypothetical example: If an owner's policy basic premium were $2,000, the residential amendment would be $100 (5%). Illustrative number only; your title company quotes the actual premium.
The TREC resale contract has a check box for this in Paragraph 6A(8): the exception either won't be amended, or will be amended to read "shortages in area" at the expense of the buyer or the seller. That's a negotiable cost, separate from who pays for the survey.
How the T-47 Fits the TREC Resale Contract
Paragraph 6C of TREC No. 20-19 (dated 05-04-2026) gives three survey options. Only one box gets checked:
- Seller furnishes the existing survey plus a T-47 or T-47.1 within the number of days written in after the effective date.
- If the seller doesn't deliver both the survey and the affidavit on time, the buyer orders a new survey at the seller's expense, no later than 3 days before closing.
- If the title company or the buyer's lender doesn't accept the existing survey or the affidavit, the buyer orders a new survey at the expense of whichever party is checked, also no later than 3 days before closing.
- Buyer may obtain a new survey at the buyer's expense within a set number of days. If the buyer doesn't get one, the buyer can't terminate under the financing addendum because the survey wasn't obtained.
- Seller furnishes a new survey at the seller's expense within a set number of days.
The survey must be made by a registered professional land surveyor acceptable to the title company and the buyer's lender. Once the buyer has the commitment, exception documents, and survey, Paragraph 6D starts the clock for written objections to items the survey shows.
Where this overlaps with your other deadlines: the survey window often runs at the same time as the option period and the earnest money deadline. I cover those in the Texas option period and option fee and earnest money in Texas. The overall cost picture is in closing costs in Texas, and the seller's side is in seller closing costs in Texas.
When an Old Survey Might Not Be Accepted
Rule P-2 says "the survey must be acceptable to the Company," and the affidavit itself says the title company may make exceptions as it deems appropriate. TDI doesn't publish a list of reasons, so here's what the forms themselves point to:
- Something on the paragraph 4 list changed. A new pool, deck, room addition, garage, or storage building; a fence that moved; neighbor construction near the line; a new easement or replat.
- The survey doesn't match the land being insured. P-2 says the policy must cover the same land described in the existing survey.
- The copy is incomplete or unreadable. For refinances, P-2 calls for an original or legible copy.
- The lender won't accept it. TREC 20-19 gives the buyer's lender the same say as the title company.
If the old survey is rejected under option 1, the contract has already decided who pays for the new one. Read that box before you sign.
The T-47 on a Refinance
Rule P-2 has a separate part for residential refinances where a new loan policy renews, extends, or satisfies a lien already covered by a loan policy. On those files, the title company must notify the borrower of the right to use an affidavit in lieu of an updated survey, either when the title application is received or when the commitment is first issued. The requirements:
- The borrower provides the prior survey from when they bought the home or from a prior loan on it.
- The prior survey can't be dated more than 7 years before the new loan policy, or have been done for someone else, unless the title company is willing to accept it under the general rule.
- The borrower has actual knowledge of the property's condition since the survey date.
- The new policy describes the same land.
- The borrower signs an affidavit that, since the survey, there have been no new construction projects, fence or boundary wall changes, adjoining construction near the boundary, or conveyances, replattings, or easements by the borrower.
If you're planning a refinance, find your survey from closing now. Texas cash-out loans have their own rules, covered in my Texas cash-out refinance rules guide.
Three Protections in Rule P-2 Worth Knowing
- No indemnity can be required. A title company "may not require an indemnity from a seller, buyer, borrower, or lender to provide area and boundary coverage."
- Coverage stands even if the affidavit is wrong. If the affidavit is incorrect, through negligence or intent, the area and boundary coverage "shall be unaffected and in full force and effect," though the policy's exclusions still apply.
- No discrimination by plat status. Coverage can't be refused solely because the land is platted or unplatted, or because a city didn't accept a subdivision plat before September 1, 1975.
That doesn't make a false statement harmless for the person who signs it. The forms say the signer is liable for information they personally knew was wrong and didn't disclose, and the T-47.1 warns of actual and punitive damages.
A Quick Hypothetical
Hypothetical, not a real transaction: A seller in Temple bought the home in 2017 and still has the survey from that closing. Since then, they've added a backyard deck and a pre-built storage shed. The contract uses Paragraph 6C(1) with a 5-day window. The seller signs a T-47.1 the same day, without a notary, and lists the deck and shed on the "EXCEPT" line. The title company reviews the survey and the listed changes and decides whether it can amend the survey exception or needs a new survey. If it needs a new survey, the box checked in 6C(1) decides who pays.
Checklists
If you're selling:
- Find your survey before you list. It's often in your closing package from when you bought.
- Walk the property against paragraph 4: pools, decks, sheds, additions, fences, neighbor projects, new utility easements.
- Decide early whether you'll sign a T-47 (notary) or T-47.1 (date of birth, no notary).
- Deliver both the survey and the signed form inside the contract window.
If you're buying:
- Check which 6C box is marked and how many days the seller has.
- Check 6A(8): is the survey exception being amended to "shortages in area," and who pays?
- Ask your title company once it has the survey whether it will accept it, and tell me so I can confirm the lender side.
- Read the survey and commitment when they arrive, because the objection clock in 6D starts then. My home inspection in Texas guide covers the other big review in that same window.
Frequently Asked Questions
What is a T-47 affidavit in Texas?
A T-47 Residential Real Property Affidavit is a Texas Department of Insurance form, usually signed by the seller before a notary, stating that since the date of an existing survey there have been no new improvements, boundary fence changes, adjoining construction near the boundary, or new conveyances or easements. A title company can then rely on the old survey instead of requiring a new one.
What is the difference between a T-47 and a T-47.1?
The T-47 is a sworn affidavit signed before a notary. The T-47.1 is an unsworn declaration made under Texas Civil Practice and Remedies Code Section 132.001, so it needs no notary but asks for the signer's date of birth and address and adds a warning about liability for false statements. Both took effect November 1, 2024.
Does a T-47 have to be notarized?
The T-47 affidavit does, because it is sworn and subscribed before a notary. The T-47.1 declaration does not; it is signed under penalty of perjury instead. TDI Procedural Rule P-2 allows the T-47.1 to be used in place of the T-47.
Can a title company refuse an old survey with a T-47?
Yes. TDI Rule P-2 lets a title company accept an existing survey regardless of its age or who it was made for, but the survey must be acceptable to the company. Under the TREC resale contract, the buyer's lender can also decline it, and the contract box that was checked decides who pays for a new survey.
Who pays for the survey and the shortages in area amendment?
The TREC resale contract decides both. Paragraph 6C sets who provides and pays for the survey, and Paragraph 6A(8) sets whether the survey exception is amended to read shortages in area and whether the buyer or seller pays. Under TDI Rate Rule R-16, that amendment costs nothing on a loan policy and 5 percent of the basic premium, at least $20, on a residential owner's policy.
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Related Guides
- Closing Costs in Texas
- Seller Closing Costs in Texas
- The Texas Option Period and Option Fee
- Earnest Money in Texas
- Home Inspection in Texas
- Texas Cash-Out Refinance Rules
Sources
- Texas Department of Insurance, Basic Manual of Title Insurance: Form T-47, Form T-47.1, Section V forms list, Procedural Rule P-2, and Rate Rule R-16
- Texas Real Estate Commission: One to Four Family Residential Contract (Resale), TREC No. 20-19
Taylor Ring, NMLS #2809683 | Fairway Independent Mortgage Corporation, NMLS #2289 | The Wood Group of Fairway, 127 Lake Rd Ste 300, Belton, TX 76513 | Equal Housing Opportunity. This is not a commitment to lend. All loans are subject to credit approval and program guidelines, and approval, rates, and program availability are not guaranteed. This article is general information, not legal advice, and is not affiliated with or endorsed by the Texas Department of Insurance, the Texas Real Estate Commission, or any title company. Your title company decides whether an existing survey is acceptable; consult a Texas real estate attorney about your contract.