Protecting Your Property Rights Across Texas: Title & Due Diligence Before You Close (Part 2)
A deed can look perfectly clean and still sit on top of decades of buried problems: an unreleased lien from a paid-off loan, a missing heir who never signed off on a sale, a mineral reservation nobody remembered, or a contractor's lien filed after work went unpaid. In Texas, most of these issues surface during title examination — and if they're not caught and cleared before closing, they become the new owner's problem.
This is Part 2 of our series, Protecting Your Property Rights Across Texas, from the real estate attorneys at Allen Bryson Lamar, PLLC. Here, we cover the due diligence work that happens (or should happen) before a Texas property transaction closes.
Title Examination
Texas follows a race-notice recording statute, meaning that as between competing claims to the same property, the party who records first — without notice of a prior unrecorded claim — generally wins. That system only works, though, if someone actually reviews the recorded history of a property before closing.
A title examination traces the chain of title through the county deed records, identifying:
Breaks in the chain of title (missing conveyances, unresolved estates, or defective deeds)
Outstanding liens, judgments, or tax liabilities attached to the property
Easements, restrictive covenants, and encroachments
Mineral or royalty reservations that separate ownership of the surface from what's below it
Boundary or survey discrepancies
Title insurance underwriters rely on this examination to decide what they will and won't insure — and any exception on a title commitment is a signal that something needs to be resolved, negotiated, or accepted before closing.
Title Curative Work
When examination turns up a problem, "curative work" is the process of fixing it so title can pass cleanly. That might mean:
Obtaining a corrective deed to fix a legal description or missing signature
Securing releases for liens that were paid off but never formally released of record
Probating an estate or obtaining heirship affidavits to clear title inherited through a deceased owner
Resolving competing claims through a quitclaim deed, negotiated settlement, or, when necessary, a suit to quiet title
Curative work can take anywhere from a few days to several months depending on the defect, which is why early title review — well before a scheduled closing date — matters.
Surface & Mineral Deed Preparation
Texas real estate frequently separates surface ownership from mineral ownership, and getting a mineral or surface deed wrong can create disputes that outlast the original parties by generations. We prepare and review:
Mineral deeds and royalty deeds
Surface use agreements between surface owners and mineral lessees
Deeds that reserve or convey specific mineral, royalty, or executive rights
Title opinions addressing mineral ownership for oil and gas transactions
Mechanic's Liens
Under Chapter 53 of the Texas Property Code, contractors, subcontractors, and suppliers who furnish labor or materials to improve real property can secure payment through a mechanic's lien. These liens are powerful — but they're also governed by strict, calendar-driven notice and filing deadlines that differ depending on whether the claimant is an original contractor or a subcontractor, and whether the project is residential or commercial. Missing a notice deadline can mean losing lien rights entirely, even where the underlying debt is legitimate.
We represent both sides of these disputes: contractors and suppliers seeking to perfect and enforce a lien to get paid, and property owners and lenders working to resolve, bond off, or challenge a lien that's been filed against their property.
Oil & Gas Liens
Texas also recognizes statutory liens specific to the oil and gas industry, allowing mineral contractors, laborers, and suppliers who work on a well or lease to secure payment against the mineral leasehold interest. These liens involve their own notice and filing requirements, distinct from a standard mechanic's lien, and often intersect with complex questions about working interests, division orders, and operator agreements.
Due Diligence Is Cheaper Than Litigation
Every title defect or unresolved lien found during due diligence is a problem solved on paper, before money changes hands. The same problem discovered after closing usually means litigation, and litigation is always more expensive — in time, money, and stress — than a thorough title review would have been.
Allen Bryson Lamar, PLLC handles title examination, curative work, mineral and surface deed preparation, and lien disputes for clients throughout Texas. Before you close on your next property, make sure someone has actually looked at what you're buying.
Previous in this series: Texas Real Estate Closings: What Happens at the Closing Table
Next in this series: 1031 Exchanges, Easements & Mineral Rights: Navigating Specialized Texas Real Estate Transactions
Get Help With Your Texas Property Today
Contact Allen Bryson Lamar, PLLC to speak with a Texas real estate attorney about title issues or liens affecting your property.
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