Texas Property Laws In 2026: Everything That Affects Your Home

Most people don’t realize how many property laws actually apply to them. Texas has strict rules about homeownership, tenant rights, and land disputes. Getting these wrong can cost you serious money. Let’s break down exactly what you need to know.

Property laws protect both owners and renters. They set clear rules about who owns what and what you can do with it. Texas takes these seriously, and violations come with real consequences.

What Is Texas Property Law?

Think of property law like a rulebook for land and homes. It covers everything from buying a house to fixing your fence. It explains your rights as an owner and your responsibilities too.

Property laws exist to prevent conflicts. They answer questions like, “Can I build that shed?” or “What’s my landlord allowed to do?” Understanding these laws keeps you out of legal trouble.

Homeowner Rights in Texas

Here’s what you actually own when you buy a house. You own the building itself, obviously. You also own the land underneath it and some airspace above it.

But wait, it’s not unlimited. You can’t build structures that block your neighbor’s view of utility lines. You can’t create hazards that affect the property next door. Your rights stop where your neighbor’s rights begin.

Texas property law gives homeowners solid protections. You have the right to possess your property. You have the right to use it however you want, within the law. You can rent it out, modify it, or sell it whenever you choose.

Want to know something interesting? In Texas, you actually own the mineral rights under your land too. That means if someone finds oil or natural gas underneath, you might have a claim to it. Pretty valuable stuff if you think about it.

Boundary Lines and Fences

One of the biggest property disputes involves fences. Your neighbor wants one. You don’t. Suddenly, it’s a legal issue.

Here’s what Texas law says. You have the right to build a fence on your property. Your neighbor also has that right. If your fences share a boundary line, the law gets a bit more complicated.

Texas considers this a “spite fence” situation. You can’t build a fence just to be mean to your neighbor. If your fence serves no purpose except to annoy them, it could be illegal. Honestly, this is where a lot of neighbors end up in court.

The general rule is this. Your fence needs a legitimate purpose. It should protect privacy or mark boundaries or keep animals in. A fence that only blocks someone’s view of the sunset? That’s trickier legally.

Most property disputes settle with a conversation. Sitting down and talking through fence placement saves thousands in legal fees. Trust me, this works better than lawyers.

Property Line Issues and Surveys

Confused about where your property actually ends? You’re not alone. Most people have never formally surveyed their land.

A property survey is an official measurement of your land. It tells you exactly where your boundaries are. It marks your property lines with precision. If you’re dealing with a neighbor dispute, you’ll likely need one.

Here’s what happens. A surveyor comes out with equipment. They measure your property against official records. They plant markers showing where your lines are. The whole process usually takes a few hours.

Cost matters, honestly. A basic survey runs between $300 and $800 in Texas. That sounds like a lot, but it beats a lawsuit that costs thousands. If you’re selling your house, a survey is almost always required anyway.

Texas law protects property owners from boundary line creeping. If your neighbor’s fence has been in the wrong spot for years, there are rules about that. This is called adverse possession, and it’s complicated.

Basically, adverse possession means your neighbor could actually gain rights to your land. But here’s the catch. They need to use it openly, continuously, and without permission for at least 10 years. They also need to pay taxes on it the whole time. It’s rare, but it happens.

Tenant Rights in Texas

Renting? Texas property law protects you too. Landlords can’t just do whatever they want with your space.

Your landlord must give you a safe place to live. That means working plumbing, electricity, and heat. Broken air conditioning in summer? That’s a problem. Your landlord has to fix these things within a reasonable time.

Want to know the big one? Landlords in Texas must respect your right to “quiet enjoyment” of the property. That means they can’t keep bothering you or entering without permission. They need to give you 24 hours notice before entering. Okay, there are a few exceptions for emergencies, but basically, the property is yours while you rent it.

Security deposits are a major protection point. Your landlord can take money from your deposit for damage. But they can’t just keep it. They have to return it within 30 days. They also have to explain what they took and why.

Here’s where landlords sometimes break the law. They’ll keep deposits without itemizing what it was for. That’s illegal. You can sue them for the full deposit amount plus additional damages if they do this.

Eviction is another area with strict rules. Your landlord can’t just kick you out. They need legal cause. They must follow proper procedures. The process takes time by law, even if you’re behind on rent.

Landlord Rights and Responsibilities

Landlords have rights too, don’t get me wrong. But they come with clear responsibilities.

A landlord can require a lease. They can set rent amounts. They can require a security deposit. But within reason. Deposits usually can’t exceed one month’s rent, though landlords sometimes try for more.

Here’s the responsibility part. Landlords must maintain the property. They must make repairs quickly. They can’t charge tenants for normal wear and tear. If you’ve lived there two years and the carpet is worn, that’s normal wear. The landlord pays for replacement.

Landlords also can’t evict you for illegal reasons. They can’t kick you out because you’re reporting code violations. They can’t evict for discrimination based on race, religion, gender, or disability. If they do, you have a legal case.

Property Tax in Texas

Texas has property taxes, and they’re not small. Homeowners pay taxes on the assessed value of their property.

Your property gets assessed every couple of years. The county sends assessors to determine value. This determines how much you owe in taxes. You get a tax bill, usually yearly or in installments.

Here’s the interesting part about Texas. There’s no state income tax. Property taxes are higher to make up for that. So homeowners carry more of the tax burden. It’s just how Texas funds things.

You can protest your property tax assessment if you disagree. If the assessor says your house is worth more than you think, you can challenge it. You have a specific window to file a protest. Missing that deadline loses your right to challenge.

Stay with me here. There’s a homestead exemption in Texas. If your home is your primary residence, you get a break. The exemption reduces the taxable value. For most homeowners, it means lower property tax bills. This is huge for retirement-age homeowners.

Property Disputes and How to Handle Them

Property disputes happen. Neighbors disagree about boundaries. Landlords and tenants fight over repairs. Property lines get fuzzy.

Here’s what you should do first. Try talking it out. Seriously. Most disputes settle with a conversation. A calm neighbor chat fixes more problems than any lawyer ever will.

Not sure what counts as a violation? That’s when you get professional help. A real estate attorney can review your situation. They can tell you if you have a legal case. They cost money upfront, but they save money if a lawsuit would’ve happened anyway.

If talking fails, consider mediation. A mediator is neutral. They help both sides reach agreement. It’s cheaper than court and faster too. Many neighbor disputes get resolved this way.

Court should be your last option. Lawsuits cost thousands. They take months or years. Even if you win, you might spend more on legal fees than you gain. It’s really a last resort.

Recent Texas Property Law Changes

Texas updates its laws regularly. Knowing recent changes keeps you protected.

In 2023, Texas updated rules about property rights. One change made it clearer what landlords can and can’t charge for. Another change strengthened tenant protections regarding water utilities.

The state also updated rules about adverse possession. The changes made the requirements clearer. They gave property owners better tools to prevent boundary disputes. These updates are actually pretty helpful.

There have been changes to homestead exemptions too. The amounts have increased slightly. The application process got simplified. If you’re a homeowner, check if you’re getting all the exemptions you qualify for. Many people aren’t.

How to Protect Your Property

Okay, pause. This part is important. Protecting your property legally starts with documentation.

Get a professional survey done. Seriously. If you haven’t had your land surveyed since you bought it, do it now. It costs a few hundred dollars. It prevents disputes that cost thousands.

Keep records of everything. Repairs, improvements, agreements with neighbors. Document it all. Take photos if there are boundary disputes. This evidence matters if you need to prove something later.

Review your homeowner’s insurance. Make sure you have enough coverage. Insurance doesn’t cover everything, but it covers the big stuff. Know what’s included and what’s not.

If you rent out property, get proper documentation. A written lease protects everyone. It spells out what’s expected. It prevents misunderstandings that turn into legal problems.

Frequently Asked Questions

Can my neighbor cut down trees on the property line? It depends on which side of the line the roots are on. If the tree is entirely on their property, they can cut it. If it’s on your side or shared, they need your permission. Get your property surveyed to know for sure.

What if my landlord doesn’t fix something broken? Document the problem in writing. Send an email or letter requesting repair. Give them a reasonable time to fix it, usually 7 to 10 days. If they don’t, you can withhold rent or hire someone to fix it and deduct the cost. Check your lease first.

How long do I have to pay property taxes? Property taxes are typically due twice yearly in Texas. Your county will send a bill with due dates. Missing the deadline means penalties and interest. Set up automatic payments if you want to avoid forgetting.

Can a landlord enter my rental without permission? No, not without 24 hours’ notice. Emergencies are the only exception, like fires or gas leaks. Your landlord can’t use the emergency excuse just to check on things. You have a right to privacy.

What happens if someone builds on my land without permission? That’s trespassing and possibly encroachment. Document it with photos and a property survey. Contact an attorney. They can send a cease and desist letter. If ignored, you can pursue legal action.

Final Thoughts

Now you know the basics of Texas property laws. Stay informed, stay protected, and don’t skip the survey. When in doubt, talk to a real estate attorney. Most offer free consultations. Use them.

Property disputes are common, but you don’t have to be caught off guard. Understanding your rights and responsibilities keeps you safe. It saves money. It prevents headaches down the road. That’s worth the effort to learn.