Although it is common for homeowners to assume that they own everything in and around their property, there are instances where the actual land underneath the property may be owned by someone else, such as a home builder or property developer.
In College Station, Texas, however, it is typical for homeowners to own both the land underneath and above their property. That being said, it is always important to verify this information with a real estate attorney or a title company to ensure that there are no exceptions or unique circumstances that apply to your specific property. During closing, be sure to ask about any disclosures.
Why You Likely Own the Land
To this day, the Latin maxim “for whoever owns the soil, it is theirs up to heaven and down to hell” serves as the foundation for most property ownership laws.
Simply put, everything in, on, under, and above your property is yours, with some exceptions. The best way to ensure that you actually own the land is to examine contracts and disclosures thoroughly during the closing process to prevent any unanticipated ownership by a third party.
How to Tell If You Own the Land Under Your House
The Preliminary Title Report reveals the deed authorizing access to the land beneath your house. These title reports ought to go back a hundred years to account for earlier leases or deeds granting subsurface rights. Title reports also show who the property is owned by and acknowledge any liens, mortgages, trust deeds, encroachments, easements, or other liens that have been recorded against it. A home builder would have been required to record the deed if they had given their company mineral rights, for instance. Until the builder and the current owner agree to remove it, this information will remain on the title report.
In cases where the homeowner doesn’t own the land, the other party may hold the mineral rights and have the authority to sell energy companies the right to extract resources from the land, which could impact the property value and royalties for years to come. To avoid such scenarios, it is advisable to take precautionary measures before making a property purchase.
