What is a T-47 affidavit?

It is a notarized affidavit, promulgated by the Texas Department of Insurance, in which a seller swears that no boundary-affecting changes — new construction, fence or wall relocations, encroaching adjoining construction, or conveyances, replattings, and easements — have occurred since the date of an existing survey, except as listed. It lets a title company rely on the older survey to provide area-and-boundary coverage instead of requiring a new survey.

Why is the T-47 needed?

Because every Texas title commitment includes a Schedule B exception for area and boundary matters, meaning the policy will not cover boundary discrepancies, encroachments, or overlapping improvements unless that exception is amended. Amending it — area-and-boundary coverage, or survey deletion — requires the title company to be satisfied about current boundaries. The T-47 lets the company use an existing survey by confirming nothing has changed since the survey date.

Who fills out the T-47, the buyer or the seller?

The seller. The T-47 is the seller's sworn statement about what has or has not changed on the property since the existing survey, based on the seller's actual knowledge. Although the seller signs it, it primarily benefits the buyer by allowing an existing survey to support amended coverage, and it helps the title company and lender decide whether a new survey is required.

Does the T-47 give full boundary coverage?

It supports amending the area-and-boundary exception, but not to zero. Even after amendment, the Texas Department of Insurance requires the phrase "shortages in area" to remain in the exception. So the amended policy covers discrepancies, boundary-line conflicts, encroachments, protrusions, and overlapping improvements, but a pure shortage in the quantity of area remains excepted. The coverage is broad but not unlimited.

What is the difference between the T-47 and the T-47.1?

Both serve the same function — letting a title company rely on an existing survey — but the T-47 is a notarized affidavit, while the T-47.1 is a Declaration in Lieu of Affidavit that is not notarized, offered by the Texas Department of Insurance as an alternative where a declaration is acceptable. The substantive representations about changes since the survey date are essentially the same; the difference is the notarization formality.

Texas T-47 Survey Affidavit & Area-and-Boundary Coverage

TL;DR

The T-47 Residential Real Property Affidavit is a notarized statement the seller signs so that a title company can rely on an existing survey instead of requiring a brand-new one. Its whole purpose ties to a single line in every Texas title commitment: Schedule B contains a standard exception for "any discrepancies, conflicts, shortages in area or boundary lines, encroachments, protrusions, or overlapping of improvements." That exception means the buyer's title policy will not cover boundary and survey problems unless it is amended — an amendment commonly called area-and-boundary coverage or, loosely, survey deletion. To amend that exception using an older survey, the title company needs two things: the existing survey and the required survey affidavit — traditionally the notarized Form T-47, and Texas now also provides Form T-47.1 as a declaration-in-lieu option — in which the seller states that, since the date of that survey, there have been no new construction, no changes to boundary fences or walls, no encroaching construction on adjoining property, and no conveyances, replattings, or easements affecting the property, except as listed. The T-47 and T-47.1 are promulgated by the Texas Department of Insurance, and the TREC contract commonly requires the seller to furnish the existing survey and the required survey affidavit or declaration within a set number of days; if the seller does not, or if the survey or affidavit is unacceptable, the buyer must obtain a new survey. Even with the amendment, the words "shortages in area" always remain in the exception.

The problem the T-47 solves

Every Texas title commitment carries a printed Schedule B exception for area and boundary matters. In plain terms, the standard title policy does not insure the buyer against discrepancies in area, conflicts or shortages in boundary lines, encroachments, protrusions, or overlapping improvements. If any of those conditions exists at closing, the buyer has no coverage for it. Many buyers want that gap closed, which requires amending — partially deleting — that exception so the policy will cover those risks. This is what the industry calls area-and-boundary coverage or survey deletion.

To amend the exception, the title company must be satisfied about the property's actual boundaries and improvements, and that ordinarily means a survey. A new survey costs money and takes time, so buyers usually prefer to reuse the seller's existing survey. The catch is that an old survey only shows the property as it was on the survey date; the title company needs assurance that nothing has changed since. That assurance is exactly what the T-47 provides.

What the T-47 affidavit says

The T-47 is a seller's sworn, notarized affidavit built around one core representation: that since the date of the existing survey, certain kinds of changes have not occurred. Specifically, the seller attests that, to the best of their actual knowledge and belief, since the survey date there have been no new construction such as structures, additions, garages, pools, or other permanent improvements or fixtures; no changes in the location of boundary fences or walls; no construction on immediately adjoining property that encroaches on the property; and no conveyances, replattings, easement grants, or easement dedications affecting the property — except for anything the seller specifically lists.

Because the title company relies on these statements to extend area-and-boundary coverage off an old survey, the affidavit expressly says the company is relying on the truthfulness of the statements and on the existing survey. If changes have occurred, the seller must disclose them, and the title company then decides whether the old survey plus affidavit is still acceptable or whether a new survey is needed. Texas also offers a related non-notarized alternative, the T-47.1 Declaration in Lieu of Affidavit, made under penalty of perjury under Civil Practice and Remedies Code section 132.001, for use where an unsworn declaration is permitted in place of the notarized T-47. The area-and-boundary exception being amended lives on Schedule B of the commitment, which is covered in our guide to the title commitment schedules.

How the T-47 fits the transaction

The T-47 does its work at the intersection of the contract, the survey, and the title commitment. The standard TREC residential contract addresses the survey in a dedicated paragraph that gives the parties choices: commonly, the seller furnishes the existing survey and the required T-47 affidavit or T-47.1 declaration within a specified number of days after the effective date. If the seller fails to furnish the survey and affidavit within that time, or if the existing survey or affidavit is not acceptable to the title company or the buyer's lender, the buyer must obtain a new survey — with the contract specifying who pays.

Once the title company has an acceptable existing survey and a satisfactory T-47 affidavit or T-47.1 declaration, it can amend the Schedule B area-and-boundary exception. After amendment, the exception is narrowed so that it reads only "shortages in area," which the Department of Insurance requires to remain; the rest of the exception is deleted, giving the buyer coverage for discrepancies, conflicts in boundary lines, encroachments, protrusions, and overlapping improvements. On an owner's policy this amendment carries an additional promulgated premium charge. Because the survey and the T-47 together define what the policy will and will not cover on boundaries, this topic sits right next to the older, more general survey concepts in our guide to surveys and legal descriptions, and to the disclosure duties a seller owes generally, covered in our guide to property disclosure requirements.

Frequently Asked Questions

What is a T-47 affidavit?: It is a notarized affidavit, promulgated by the Texas Department of Insurance, in which a seller swears that no boundary-affecting changes — new construction, fence or wall relocations, encroaching adjoining construction, or conveyances, replattings, and easements — have occurred since the date of an existing survey, except as listed. It lets a title company rely on the older survey to provide area-and-boundary coverage instead of requiring a new survey.
Why is the T-47 needed?: Because every Texas title commitment includes a Schedule B exception for area and boundary matters, meaning the policy will not cover boundary discrepancies, encroachments, or overlapping improvements unless that exception is amended. Amending it — area-and-boundary coverage, or survey deletion — requires the title company to be satisfied about current boundaries. The T-47 lets the company use an existing survey by confirming nothing has changed since the survey date.
Who fills out the T-47, the buyer or the seller?: The seller. The T-47 is the seller's sworn statement about what has or has not changed on the property since the existing survey, based on the seller's actual knowledge. Although the seller signs it, it primarily benefits the buyer by allowing an existing survey to support amended coverage, and it helps the title company and lender decide whether a new survey is required.
What happens if the seller won't provide a survey and T-47?: Under the standard TREC contract, if the seller fails to furnish the existing survey and required affidavit or declaration within the time specified, or if the existing survey or affidavit is not acceptable to the title company or the buyer's lender, the buyer must obtain a new survey. The contract specifies who bears the cost, which is often negotiated. A new survey then supports the area-and-boundary amendment in place of the old survey plus affidavit.
Does the T-47 give full boundary coverage?: It supports amending the area-and-boundary exception, but not to zero. Even after amendment, the Texas Department of Insurance requires the phrase "shortages in area" to remain in the exception. So the amended policy covers discrepancies, boundary-line conflicts, encroachments, protrusions, and overlapping improvements, but a pure shortage in the quantity of area remains excepted. The coverage is broad but not unlimited.
What is the difference between the T-47 and the T-47.1?: Both serve the same function — letting a title company rely on an existing survey — but the T-47 is a notarized affidavit, while the T-47.1 is a Declaration in Lieu of Affidavit that is not notarized, offered by the Texas Department of Insurance as an alternative where a declaration is acceptable. The substantive representations about changes since the survey date are essentially the same; the difference is the notarization formality.

Bottom Line

The T-47 Residential Real Property Affidavit is a seller's notarized statement that lets a title company rely on an existing survey to provide area-and-boundary coverage instead of requiring a new one. It exists because every Texas title commitment carries a Schedule B exception for discrepancies, conflicts, shortages in area or boundary lines, encroachments, protrusions, and overlapping improvements, which leaves the buyer uncovered for boundary problems unless the exception is amended. In the T-47 the seller swears that since the existing survey's date there has been no new construction, no fence or wall relocation, no encroaching adjoining construction, and no conveyances, replattings, or easements, except as listed. The TREC contract commonly requires the seller to furnish the existing survey and required survey affidavit or declaration within a set time; if not, or if they are unacceptable, the buyer obtains a new survey. Even after amendment, "shortages in area" always remains in the exception. For related topics, see our guides to the title commitment schedules, surveys and legal descriptions, and property disclosure requirements.

Source: Texas Department of Insurance Form T-47 Residential Real Property Affidavit and Basic Manual Procedural Rule P-2 (Amendment of Exception to Area and Boundaries). TDI Form T-47 Residential Real Property Affidavit · TDI Form T-47.1 Declaration in Lieu of Affidavit · TDI Basic Manual, Section IV — Procedural Rules (P-2)