🏡 What a Title Policy Covers (and Doesn’t Cover) in Texas

🏡 What a Title Policy Covers (and Doesn’t Cover) in Texas

Your title policy is one of the most important forms of protection you get when buying a home in Frisco, Prosper, McKinney, Celina, Plano, Little Elm, Allen, Aubrey, Sherman, and across North Texas.

A lot of buyers skim past the title policy because it feels like a formality, but it’s actually what protects you from huge financial risk.

Let me break down—in simple, first-person terms—what a Texas title policy actually does, what it doesn’t do, and why it matters.


1. There Are Two Title Policies in Texas

When you close on a home, there are two separate policies:


A) Owner’s Title Policy (protects YOU)

Covers your ownership rights.


B) Lender’s Title Policy (protects the bank)

Required by your lender.
Does NOT protect you.

The good news: once you buy an owner’s policy, it lasts as long as you own the home.


2. What a Title Policy Does Cover

A Texas title policy protects you from multiple categories of hidden issues tied to ownership.

Here’s what it covers:


A) Unknown Liens

The policy protects you from:

✔️ Unpaid contractor bills

✔️ Unpaid taxes
✔️ Unreleased mortgages
✔️ Mechanic’s liens
✔️ HOA liens
✔️ Judgments against previous owners

These are some of the most common issues found during title searches.


B) Ownership Disputes

If someone claims they actually own the home, title insurance covers:

✔️ Legal defense

✔️ Court costs
✔️ Settlement if needed
✔️ Loss of the property (worst-case scenario)

This includes:

✔️ Missing heirs

✔️ Forged signatures
✔️ Fraudulent deeds
✔️ Clerical errors
✔️ Conflicting wills

This is more common than most buyers think.


C) Errors in Public Records

Government offices make mistakes.

The policy protects you from:

✔️ Misfiled documents

✔️ Incorrect legal descriptions
✔️ Clerical mistakes
✔️ Recording errors

These can cause massive issues if uncovered later.


D) Illegal or Improper Deeds

The policy covers issues caused by previous:

✔️ Minors signing documents

✔️ People who lacked mental capacity
✔️ Fraud
✔️ Undisclosed marriages
✔️ Forged signatures
✔️ Mistakes in deed preparation

Without a policy, you could lose your home over errors that happened decades ago.


E) Encumbrances Not Disclosed in the Policy

This includes:

✔️ Unrecorded easements

✔️ Unrecorded agreements
✔️ Missing releases
✔️ Deed restrictions affecting use

If it wasn’t disclosed before closing, you’re protected.


3. What a Title Policy Does NOT Cover

There are important limitations.
Here’s what it does not cover:


A) Boundary Disputes / Fences in the Wrong Place

Unless you purchase the optional Survey Coverage Endorsement (T-19.1), the policy will NOT protect you from:

❌ Encroachments

❌ Fence-line issues
❌ Setback violations
❌ Overlapping structures

This is why good surveys matter.


B) Zoning Restrictions

Your policy doesn’t handle:

❌ Zoning violations

❌ Future zoning changes
❌ Permitted-use changes

These issues are handled by the city, not title insurance.


C) Home Condition Problems

Title insurance does NOT cover:

❌ Roof condition

❌ HVAC issues
❌ Foundation problems
❌ Plumbing/electrical issues
❌ Mold or water damage
❌ Construction defects

Those fall under inspection and home warranty categories.


D) Mineral Rights

In Texas, mineral rights are a major separate category.

The title policy doesn’t cover:

❌ Who owns the minerals

❌ Rights to drill
❌ Oil or gas extraction

Most homes in North Texas do not include mineral rights.


E) Government Actions

The policy does not cover:

❌ Eminent domain

❌ Government seizure
❌ City-ordered demolition
❌ Zoning changes

These are outside private title protections.


F) HOA Violations You Inherit

If the seller broke HOA rules but the violation was already documented, it’s not covered unless the title company failed to disclose it.


4. What the Policy Covers Only If You Get Specific Endorsements

Texas allows optional endorsements to expand coverage.

The most common:


T-19 & T-19.1 Endorsements

These protect you from:

✔️ Encroachments

✔️ Boundary issues
✔️ Violations of recorded restrictions
✔️ Subdivision issues

I always recommend reviewing these during the title commitment stage.


T-36 Endorsement

For access issues like:

✔️ Landlocked property

✔️ No legal access easement


T-25 Endorsement

Protects you if restrictions impact:

✔️ Building

✔️ Selling
✔️ Renovating the property

These endorsements cost money, but they’re often worth it depending on the situation.


5. Why the Title Commitment Is So Important

Before closing, the title company provides a Title Commitment.

This shows:

✔️ Everything the policy will cover

✔️ Everything it will NOT cover
✔️ All liens
✔️ All easements
✔️ All restrictions
✔️ All exceptions

This is where I closely review:

✔️ Schedule A

✔️ Schedule B
✔️ Schedule C
✔️ Schedule D

I make sure you fully understand your rights and any potential risks BEFORE closing.


6. Who Pays for the Title Policy in Texas?

In most traditional resale transactions:

✔️ The seller pays for the title policy

BUT
This is negotiable.

Builders often require buyers to pay for title insurance if closing with their preferred title company.

I negotiate this based on market conditions.


7. How Long the Coverage Lasts

Your owner’s policy lasts:

For as long as you own the property.

It also covers:

✔️ Your heirs

✔️ Your beneficiaries
✔️ Anyone who inherits your interest

It’s a one-time fee for lifetime protection.


8. Why Title Insurance Is So Valuable in Texas

Texas real estate often comes with:

✔️ Historical easements

✔️ Oil & gas claims
✔️ Old liens
✔️ Multiple previous owners
✔️ Rapid development
✔️ Complex builder rights

Title insurance protects you from huge legal bills later.


9. My Rule of Thumb

If it happened before you bought the home—and affects ownership—your title policy is your shield.

Everything else falls under inspections, repairs, insurance, or legal review.


Bottom Line: Title Insurance Protects Your Ownership—But Only If You Understand What’s Covered

When I represent you, I make sure:

✔️ You understand what your policy protects

✔️ We review the title commitment together
✔️ We clear Schedule C issues
✔️ We confirm easements and restrictions
✔️ You know when to request endorsements
✔️ No surprises come up after closing

A strong title policy is one of the most important financial protections you get in a Texas real estate transaction—and I make sure you have the right coverage.


Want Me to Review a Title Commitment for You?

I’m always happy to walk through it line by line.

CLICK HERE to Connect With Me

📞 Call or Text: (254) 644-5297✉️ Email Me

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