Do You Need a Lawyer to Buy or Sell Land in Texas in 2026?

Texas land remains one of the most sought-after assets in the U.S.—and the numbers show why buyers and sellers are paying close attention. Rural land prices continue to trend upward even as activity cools in some areas. In Q3 2025, the average Texas rural land price rose 5.87% year-over-year to $5,158 per acre, and the five-year growth rate reached 11.24% as of Q3 2025, according to the Texas Real Estate Research Center at Texas A&M University. At the same time, that same report notes the number of rural land sales declined 1.99% year-over-year in Q3 2025 and the total acres sold fell 3.56% year-over-year—signs of a market that’s still pricey, but more selective.

If you’re buying or selling land in Texas, the big question is often the same: do you need an attorney? Texas does not generally require an attorney to close a land deal, but many transactions carry enough legal risk that having one can be the difference between a clean closing and an expensive dispute.

The Texas land market: what’s changing right now

Texas is huge, diverse, and highly regional. Recent data underscores how much conditions can vary depending on where the property sits and what type of land you’re dealing with.

• Statewide pricing momentum: The statewide rural land price settled at $4,776 per acre in Q4 2024, up 1.88% year-over-year, according to the Texas Real Estate Research Center at Texas A&M University.
• Sales volume softening: The annualized number of rural land sales in Texas declined 2.94% year-over-year in Q4 2024, per the Texas Real Estate Research Center at Texas A&M University.
• Regional price differences: In Region 1 (Panhandle–South Plains), rural land price gained 8.19% year-over-year to $1,862 per acre in Q4 2024, according to the Texas Real Estate Research Center at Texas A&M University. In Region 7 (Austin–Waco–Hill Country), the median rural land price increased 0.95% year-over-year to $7,203 per acre in Q4 2024, also reported by the Texas Real Estate Research Center at Texas A&M University.
• Farmland-specific pressure: Cropland values in Texas increased 5.4% in Q2 2025, according to Farmer Mac.

In practical terms, today’s buyers are paying more per acre while often competing for fewer—or more carefully vetted—deals. Sellers, meanwhile, may be sitting on significant equity but also facing more scrutiny on title, access, water, minerals, and use restrictions.

Is an attorney required to buy or sell land in Texas?

No. In most Texas land transactions, you can legally buy or sell property without hiring an attorney. Title companies commonly coordinate closings, and licensed real estate agents can handle negotiations and state-approved forms.

But “not required” doesn’t mean “not needed.” Land is different from a typical home sale because land value often depends on rights and restrictions that aren’t visible on a walk-through—mineral rights, groundwater issues, easements, access, surveys, and boundary history can all affect what you’re actually buying or selling.

When you should hire an attorney to buy land in Texas

Hiring a real estate attorney makes sense when the transaction includes legal complexity, elevated risk, or unclear rights. Consider legal help in the following scenarios.

1) The tract has mineral, water, or access complications

In Texas, you can own the surface and not own what’s below it. Mineral rights, surface-use clauses, and prior reservations can reshape the land’s value and your ability to use it. Water rights and access can be just as consequential—especially in rural areas where utilities may not exist and legal access may depend on recorded easements.

2) The deal involves multiple parcels or unusual boundaries

Buying a ranch, assembling multiple tracts, or purchasing property with fence-line assumptions invites boundary disputes. An attorney can coordinate with your surveyor and title company to resolve gaps, overlaps, and ambiguous legal descriptions before closing.

3) You’re seeing title red flags

Old liens, missing releases, heirship issues, and deed errors still show up in Texas. A lawyer can interpret the title commitment, require cures, and draft amendments or special provisions when title insurance exceptions create real exposure.

4) You’re using seller financing or nonstandard terms

If the seller is financing the purchase (or if the agreement includes option periods, staged closings, partial releases, or special contingencies), an attorney can structure documents that protect you if the other side defaults—or if disputes arise over performance.

5) Environmental, agricultural, or development concerns are in play

Land can carry legacy risks: dumping, old oilfield activity, prohibited fill, or protected habitat. If you plan to farm, subdivide, develop, or change use, legal guidance can help align contracts, due diligence, and timelines with regulatory reality.

When you might buy land without an attorney

You may be able to proceed without legal representation if the transaction is simple and well-supported by other professionals. This is most common when:

• The property is a single tract with clear access and no known disputes.
• A reputable title company runs the closing and issues title insurance.
• You order a current survey (or formally accept an existing one after review).
• You work with a land-savvy real estate agent and understand what they can—and cannot—do.

Even in “simple” deals, you still need to read every document closely. Contracts move risk around through deadlines, contingencies, and default provisions—and land contracts often include special terms that aren’t standard in a residential home purchase.

When you should hire an attorney to sell land in Texas

Sellers aren’t typically required to hire attorneys either, but legal support can protect your price, timeline, and liability—especially in a higher-value market where buyers are negotiating hard and lenders/title companies demand precision.

1) You want a contract that protects your leverage

An attorney can draft or revise the purchase agreement to address earnest money, option periods, remedies on default, closing conditions, and responsibility for surveys, cures, and title objections.

2) You need to manage disclosure risk

Texas requires certain disclosures in many transactions. An attorney can help you understand what applies to your property and how to document disclosures so you reduce the risk of misrepresentation claims after closing.

3) The property has boundary, access, or easement issues

These issues often derail closings late in the process. A lawyer can help you resolve them early—through curative instruments, boundary agreements, easement work, or revised legal descriptions—so you don’t lose the buyer at the finish line.

4) Tax planning matters

Capital gains, 1031 exchange timelines, entity structuring, and allocation of costs can materially affect your net proceeds. A lawyer can coordinate with your CPA so the contract and closing align with your tax strategy.

When you might sell land without an attorney

You may be able to sell without an attorney when the sale is straightforward and your closing team is strong. If you go this route, prioritize these basics:

• Use current, state-accepted forms when appropriate.
• Provide disclosures clearly and on time.
• Let a title company manage escrow, payoff tracking, and recording.
• Confirm the legal description matches the tract being sold (especially if selling a portion of a larger property).

What title companies do in Texas land transactions (and what they don’t)

Texas title companies are central to most closings. They typically:

• Research the chain of title and issue a title commitment.
• Coordinate closing documents and recording.
• Hold funds in escrow and disburse proceeds at closing.
• Issue title insurance policies when conditions are met.

Title companies are neutral settlement agents. They facilitate the transaction, but they don’t represent either party the way an attorney does. If a problem becomes a negotiation—or a dispute—you may want your own counsel.

The DIY approach: the most common ways buyers and sellers get hurt

You can close without an attorney, but land transactions punish assumptions. The most common self-managed mistakes include:

• Signing a contract with vague or one-sided default remedies.
• Misunderstanding title exceptions tied to easements, minerals, or restrictions.
• Skipping a survey and later discovering encroachments or acreage discrepancies.
• Assuming water access or mineral ownership transfers automatically.
• Missing deadlines for objections, financing, or due diligence—then losing leverage or earnest money.

How to decide: legal fees vs. financial risk

Attorney costs vary based on complexity, speed, and scope. The smarter way to evaluate the expense is to compare it to the downside risk of getting one core item wrong—title defects, mineral ownership assumptions, access failures, or contract gaps can quickly exceed the legal fee.

When deciding, weigh:

• Property value and uniqueness: Higher prices and specialized tracts generally justify professional review.
• Complexity: Multiple parcels, seller financing, minerals, water, or development plans increase risk.
• Your experience: If you haven’t read rural land contracts and title commitments before, the learning curve can be costly.
• Market conditions: With prices still elevated—$5,158 per acre on average in Q3 2025 per the Texas Real Estate Research Center at Texas A&M University—small mistakes can translate into large dollar losses.

Due diligence checklist for Texas land

Whether you hire an attorney or not, treat due diligence as non-negotiable. A solid process typically includes:

• Reviewing the title commitment and exception documents.
• Ordering a survey and verifying access.
• Confirming taxes, exemptions, and any agricultural valuation status.
• Investigating easements, pipelines, utilities, and ingress/egress rights.
• Confirming mineral ownership, leases, and surface-use provisions.
• Checking water availability and any applicable groundwater district rules.
• Assessing environmental concerns and prior land uses.

Foreign buyers: when legal guidance is especially important

Foreign nationals can often buy Texas real estate, but cross-border transactions add layers: tax withholding rules, entity planning, banking/transfer logistics, and compliance requirements. If you’re buying from outside the U.S. (or selling to a foreign buyer), work with an attorney familiar with international real estate and tax coordination.

How real estate agents fit in (and where they stop)

Experienced Texas land agents can be invaluable. They help with pricing, marketing, negotiations, local norms, and coordinating surveyors and title companies. But agents are not attorneys, cannot provide legal advice, and should not be asked to “solve” title defects, mineral conveyance questions, or customized financing terms.

Final thoughts

You can buy or sell land in Texas without an attorney—but many people shouldn’t. Texas rural land continues to command serious money, and even recent “cooling” in activity doesn’t reduce the legal stakes. Data from the Texas Real Estate Research Center at Texas A&M University shows prices rising while Q3 2025 sales and acres sold declined year-over-year, which often leads to tougher negotiations and tighter due diligence. Add in the fact that cropland values increased 5.4% in Q2 2025, according to Farmer Mac, and the financial impact of contract or title mistakes can be substantial.

If the deal is simple, the title is clean, and your closing team is strong, you may be fine without legal representation. If the tract involves minerals, water, access, boundaries, unusual financing, or high value—or if you simply want a professional in your corner—an experienced Texas real estate attorney can help you close with clarity and reduce the odds of a costly surprise later.

Frequently Asked Questions (FAQs)

Is it legally required to have an attorney when buying or selling land in Texas?

No. Texas typically does not require an attorney to buy or sell land. Many transactions close through a title company, but an attorney can provide legal advice, risk assessment, and contract protection.

When is hiring an attorney strongly recommended for a Texas land transaction?

Hire an attorney when the deal includes mineral rights, water/access issues, easements, boundary questions, title defects, seller financing, multi-parcel transfers, environmental concerns, or foreign-buyer tax and compliance complexity.

How much does a Texas real estate attorney cost for a land deal?

Fees vary widely based on complexity and scope. Some attorneys charge a flat fee for a limited review; others bill hourly for negotiation, curative work, or document drafting. Ask for a written estimate tied to your specific transaction.

Can a real estate agent handle all the legal aspects of buying or selling land in Texas?

No. Real estate agents can guide pricing, marketing, and negotiations, but they cannot provide legal advice or replace an attorney for contract drafting, title defect resolution, mineral conveyance issues, or legal disputes.