Before buying Texas land, confirm you have legal, recorded access to a public road, not just a gate someone lets you use. Then review every easement that burdens or benefits the tract, compare the fence lines to the survey lines, and learn whether the county is open range or has a local stock law. Each of these can change value and use.
Access and boundary problems are some of the hardest to fix after closing, which is why our agents in the Land and Ranch Division at The Agency Dallas put them near the top of the diligence list on every tract. The Texas Real Estate Research Center at Texas A&M reported in its Winter 2026 update that rural land in the Northeast Texas region averaged $9,313 per acre as of the third quarter of 2025, up 4.4 percent from a year earlier. (Texas Real Estate Research Center, Rural Land, Winter 2026)
How do I confirm a Texas property has legal access?
Physical access and legal access are different. A ranch road across a neighbor's pasture may have been used for decades with nothing recorded to support it, and it can close if the neighbor sells.
Here is how buyers usually confirm legal access:
- Look at the survey. A current survey should show where the tract touches a public road, or show the recorded easement that connects it to one.
- Read the title commitment. It will list recorded easements and other exceptions to coverage. Ask whether the title company will insure access.
- Pull the recorded easement itself. Read the width, the permitted uses, whether it runs with the land, and who maintains it.
- Check the road status. Confirm whether the frontage road is public or private, and whether any shared road has a written maintenance agreement.
Our guide on what surveys and inspections you need when buying acreage in Texas explains how the survey fits into the timeline.
What if the land is landlocked?
Texas recognizes an easement by necessity in narrow circumstances. In Hamrick v. Ward, decided in 2014, the Texas Supreme Court confirmed that a party claiming one must prove unity of ownership of both tracts before they were split, that access is a continuing necessity rather than a mere convenience, and that the necessity existed at the time the tracts were severed. (Texas Agriculture Law Blog, Texas Supreme Court Clarifies Law Regarding Implied Easements)
That is a lawsuit, not a plan. If a tract lacks recorded access, negotiate and record an express easement before closing.
What kinds of easements should I look for?
Texas A&M AgriLife Extension's August 2023 publication "Easements 101" describes the main types Texas landowners encounter. (Texas A&M AgriLife Extension, Easements 101)
- Express easements: granted in writing by the owner of the burdened land. The publication says these should be recorded in the county deed records so they bind future owners.
- Easements implied by prior use: where a use existed before a larger tract was divided, was open and apparent at the time, continued, and is necessary to the benefited tract.
- Prescriptive easements: created by adverse use without permission. The claimant must show use for at least 10 years that was open and notorious, continuous, exclusive, and adverse, and the publication notes courts apply these elements strictly.
- Easements by estoppel: arising when someone relies on a representation that an easement exists.
Implied and prescriptive easements may not appear in any record, so walk the property and look for worn tracks and gates in odd places.
What utility and pipeline easements should I check?
Texas A&M AgriLife's September 2023 handbook "Owning Your Piece of Texas" advises buyers to check deed records for any easements burdening the property, including pipeline, power line, water line, and access easements. It also cautions that title insurance commitments generally do not include mineral ownership. (Texas A&M AgriLife Extension, Owning Your Piece of Texas)
For each recorded utility or pipeline easement, find out:
- Where it runs relative to where you want to build or fence
- How wide it is and what the holder may do within it
- Whether it limits fencing, gates, or improvements
Minerals are a related but separate issue. Our guide on mineral rights when buying land in North Texas covers what to ask.
What fencing issues should I check before buying Texas land?
Fences show how land has been used, not where the boundary is. Compare fence lines to the survey and ask the surveyor to show any gaps on the plat.
Is Texas open range?
A State Bar of Texas paper published by Texas A&M AgriLife states that "the default rule in Texas is that the state is open range," meaning livestock owners generally have no duty to fence their animals in. Two exceptions make much of the state effectively closed range. Under Texas Agriculture Code Section 143.102, an owner may not knowingly allow certain livestock to roam unattended on U.S. or state highway rights of way, with farm to market roads excluded. Counties can also hold local stock law elections that close all or part of the county. (Texas A&M AgriLife Extension, Overview of Texas Fencing Laws)
Check the county's stock law status and which roads border the property before you run livestock.
Who pays for a boundary fence in Texas?
According to the same source, Texas does not require neighbors to share the cost of a boundary fence unless they agree to. A landowner who builds a fence alone generally owns it, jointly owned fences generally cannot be removed without mutual consent, and attaching to another owner's fence requires that owner's consent or six months' written notice. A fence built on someone else's land by mistake generally has to come off.
Questions to settle before closing:
- Who owns each fence on the perimeter, and is there any written fence agreement?
- Are any fences on the wrong side of the surveyed line?
- Is the fence condition adequate for your livestock plan?
How do I handle these issues in the contract?
Rural tracts in Texas are commonly written on the Texas Real Estate Commission's Farm and Ranch Contract, currently form 25-16, which became mandatory on January 3, 2025. TREC describes it as designed for rural land described by a survey using a metes and bounds description, and as addressing farm and ranch issues other forms do not. (Texas Real Estate Commission, Farm and Ranch Contract)
Order the survey and title commitment early, allow time to review every easement, and walk the fence lines and access route during the option period. Our guide on how buying land or a ranch in North Texas actually works covers the full sequence, and our article on water rights when purchasing a Texas ranch covers another item that often shares the same easements.
How does The Agency Dallas help buyers check access and easements on Texas land?
The Agency Dallas reviews access, easement, and fencing questions on every land and ranch purchase our agents handle, because these are the issues most likely to limit what a buyer can do with a property after closing. We are a family owned and operated boutique brokerage with a statewide Land and Ranch Division and an office on Preston Road in Dallas. We encourage buyers to have a Texas real estate attorney review any access or boundary problem.
If you are considering a tract where the road or gate crosses a neighbor's land, our Land and Ranch Division can pull the recorded easements and compare them to the survey before your option period ends, so you know whether access is recorded or only assumed.
Frequently asked questions
What is the difference between physical access and legal access?
Physical access means you can drive to the property today. Legal access means you hold a recorded right, either road frontage or a written easement, that lets you and future owners reach it. A path used informally for years may not be enforceable, so confirm legal access on the survey and in the title commitment before closing.
Can I get an easement by necessity if my land is landlocked?
Only in limited cases. In Hamrick v. Ward (2014), the Texas Supreme Court required proof that both tracts were once under common ownership, that access is a continuing necessity, and that the necessity existed when the tracts were split. It usually means litigation, so buyers are better off securing a recorded express easement before closing.
How long does it take to get a prescriptive easement in Texas?
According to Texas A&M AgriLife Extension's 2023 "Easements 101" publication, a prescriptive easement requires at least 10 years of use that is open and notorious, continuous, exclusive, and adverse, meaning without the owner's permission. Courts scrutinize these elements strictly, so prescriptive claims are hard to win and should not be relied on for access.
Does a fence mark the property line in Texas?
No. A fence shows how land has been used, not where the legal boundary is. Only a survey based on the recorded legal description establishes the line. If a fence sits off the surveyed boundary, address it before closing. Texas A&M AgriLife notes that a fence built on another owner's land by mistake generally must be removed.
Do I have to fence my cattle in Texas?
It depends on location. Texas is open range by default, but Agriculture Code Section 143.102 bars knowingly letting certain livestock roam on U.S. and state highway rights of way, and many counties have local stock laws that close all or part of the county. Check the county's stock law status before you buy.
Will title insurance cover access and easement problems?
Title insurance covers what the policy says it covers, subject to the exceptions listed in the title commitment, so read that list closely for easements. Texas A&M AgriLife also notes title commitments generally do not include mineral ownership. Ask the title company directly whether it will insure access, and review every listed exception.
