Definition & Meaning
The T-47 Residential Real Property Affidavit, commonly referred to as the T-47 form, is a legal document primarily used in real estate transactions within Texas. It serves as a declaration by the property owner or their representative regarding their knowledge of the property's boundaries. This affidavit is critical when obtaining title insurance as it confirms that no substantial changes have occurred since the last property survey, providing assurance to the title company and the buyer.
How to Use the T-47 Title Basic Manual Form
To utilize the T-47 form effectively, begin by accurately completing the affidavit with details about the property, such as the legal description and current survey information. Ensure that the affiant, typically the property owner, confirms their understanding and truthfulness of the provided information. Once filled, the form must be notarized to validate its authenticity. After notarization, the T-47 form is submitted to the title company involved in the real estate transaction process. This submission is crucial to verify that the existing property boundaries are intact, and there are no discrepancies that could affect the new owner or the title insurance coverage.
Steps to Complete the T-47 Title Basic Manual Form
- Gather Information: Collect all relevant documents, including the current property survey and legal description.
- Fill Out the Form:
- Enter the property details including the legal description.
- Provide information about the latest survey and any modifications since its date.
- Affirm Statements: The affiant must read and confirm the accuracy and truthfulness of the information under penalty of perjury.
- Notarization: Take the completed form to a notary public for official notarization, verifying the affiant's identity and affirmations.
- Submission: Submit the notarized form to the title company handling the transaction to facilitate title insurance issuance.
Key Elements of the T-47 Title Basic Manual Form
- Legal Description of Property: An essential section detailing the official, legal description of the property as per current records.
- Survey Details: Information about the most recent survey, including the date and any changes observed or made to the property.
- Affirmation Clause: A declaration statement where the affiant confirms the truthfulness of the details provided, which is critical for legal validity.
- Notarization Section: The area reserved for the notary public to attest to the signing of the document by the affiant, providing legal backing to the form.
Who Typically Uses the T-47 Title Basic Manual Form
The T-47 form is primarily used by property owners involved in real estate transactions in Texas. It is essential for sellers needing to provide assurances about their property's boundaries. Title companies require this form to assess the need for a new survey before issuing title insurance. Real estate agents and attorneys may also facilitate the use of this form to ensure seamless transactions.
Legal Use of the T-47 Title Basic Manual Form
This form is a legal document under Texas law, used during property transactions to confirm boundary information for title insurance purposes. The affiant provides this affidavit affirming no significant changes have been made to the boundaries since the last survey, safeguarding both buyer and seller interests. Misrepresentation on the form could lead to legal ramifications, emphasizing its serious nature within real estate dealings.
Examples of Using the T-47 Title Basic Manual Form
Consider a residential property sale in Austin, Texas, where the seller must provide proof of unchanged property boundaries. The seller fills out the T-47 form, confirming no alterations since the last documented survey. The notarized affidavit reassures the buyer and the title company, allowing the transaction to progress without requiring a new, costly survey. In another instance, a property in Houston undergoing an insurance claim might use the T-47 form to verify existing boundary data against the claim, ensuring all parties are protected and informed.
State-Specific Rules for the T-47 Title Basic Manual Form
The T-47 form is specifically designed to meet the legal requirements of Texas real estate transactions. Its use ensures compliance with state laws governing property sales and title insurance policies. Texas state regulations mandate the use of this affidavit to confirm property information pertinent to title insurance, reflecting the importance of adhering to state-specific property law protocols. Each form completion must align with Texas property transaction rules, underscoring the necessity of accurate and honest disclosure by property owners.