That title commitment in your inbox looks dense, but it is one of the most useful documents you will read before closing on a Colonial Hills home. You want to know what you are buying, what still needs to be fixed, and what risks will remain after closing. In this guide, you will learn how to read each section, what to watch for in West Fort Worth, and how to use your option period to clear issues fast. Let’s dive in.
What a title commitment is
A title commitment is a preliminary report from a title insurance company that explains the conditions under which it will issue your title policy. It is not the policy. It outlines what the company will insure, what must be resolved first, and what will remain excluded from coverage.
For buyers, the commitment is your early warning system. It shows liens, easements, restrictions, reservations, and other recorded matters that affect ownership or a lender’s interest. You typically receive it early in the transaction so you can review it during your option or due diligence period as set by your contract.
The commitment names the proposed insureds and the amount of coverage requested. In many Texas deals, sellers often pay for the owner’s policy and buyers pay for the lender’s policy, but that is driven by contract, not a rule. After all requirements are met and documents are recorded, the title company issues the final owner’s and lender’s policies at closing. In Texas, title insurance is regulated by the Texas Department of Insurance, and many companies follow industry standard forms adapted to Texas practice.
How a Texas commitment is organized
The commitment is usually arranged into clear schedules. Think of them as four lenses that show the facts, the to‑do list, the exclusions, and the source documents.
Schedule A: Facts to verify
- What you see: effective date, title company, proposed insureds, amount of insurance, the estate being insured (most homes are fee simple), vesting, and the legal description.
- Why it matters: confirm the legal description and vesting match your contract and survey. Check that the proposed owner and lender policy amounts are correct. The effective date matters because issues recorded after that time may not appear.
Schedule B: Requirements before policy
- What you see: the actions and documents needed before the title company will issue the policy. Common items include paying off existing loans or tax delinquencies, recording lien releases, recording the deed to you, and collecting identity affidavits or contractor waivers.
- Why it matters: this is the curative checklist that must be satisfied to close. Track each item and confirm who is responsible for it.
Schedule C: Exceptions to coverage
- What you see: matters the title company will not insure against unless they are removed or endorsed. Typical items include mineral reservations, recorded easements, covenants and restrictions, building setback lines, unpaid current‑year taxes, and survey‑related matters.
- Why it matters: these are your exposures after closing. Some are normal and acceptable, while others may limit use or value. Address high‑impact items early.
Schedule D: Document trail and fees
- What you see: the recorded documents the title company reviewed, with instrument numbers and references. You may also see premiums, fees, and title company contact details.
- Why it matters: if anything in Schedules B or C is unclear, use the recording references in Schedule D to pull and read the underlying instrument.
What to watch in Colonial Hills
Colonial Hills is an established West Fort Worth neighborhood. Older plats, mature trees, and long‑standing improvements add charm, but they can also create title considerations. Pay special attention to the following items when reviewing your commitment.
Mineral reservations and severed minerals
- Surface and mineral estates can be owned separately in Texas. If a prior deed reserved minerals, that reservation can remain in place and sometimes includes surface use rights. Ask for the referenced document and discuss options with your title officer. Consider legal advice for complex mineral language.
Recorded easements and utility lines
- Expect public utility easements for water, sewer, and electric, especially along lot lines. These can restrict where you can build or add improvements.
Right‑of‑way and setbacks
- Older subdivisions may include recorded street dedications or wider building setbacks. If the home is near a busy corridor, confirm any right‑of‑way notes on the plat.
Restrictions and architectural controls
- Even without a formal HOA, recorded covenants can limit use, fencing, exterior changes, or building materials. Obtain and read the restrictions if they appear as exceptions.
Property taxes and special assessments
- Verify current‑year taxes and any delinquent amounts. The Tarrant Appraisal District and county tax offices hold the official records the title company relies on.
Mechanic’s and contractor liens
- Recent renovations are common in mature neighborhoods. If contractors were not paid or lien releases were not recorded, those claims can appear and must be resolved.
Judgments against the seller
- Judgments recorded in the county can attach as liens. These must be paid or released before closing.
Plat or survey discrepancies
- Older surveys may not reflect current fences or additions. A new survey often resolves questions and may reveal encroachments that need agreements or easements.
Floodplain status
- Lenders and insurers may check flood designations using FEMA and Tarrant County floodplain maps. Title insurance does not insure against flood risk, but you should know the status.
Municipal liens or code issues
- Permitting or code enforcement matters can lead to municipal liens. These are not frequent but should be checked if recent work appears.
How to read it during your option period
Use your option period to work through the document with a clear plan. Here is a step‑by‑step approach.
- Confirm identity and effective date
- Verify the effective date on Schedule A. Remember that matters recorded after this date may not appear until a later update.
- Verify vesting and the legal description
- Confirm the proposed vesting aligns with your contract and that the legal description matches the survey and plat.
- Review Schedule B requirements
- List every requirement and tag it as seller, buyer, title company, or third party. Track progress so nothing slips.
- Review Schedule C exceptions
- Flag high‑impact items: minerals, recorded easements that limit buildable area, plat notes, unpaid taxes, mortgages or judgments, and any survey‑based exceptions.
- Cross‑check Schedule D documents
- Pull and read the recorded deeds, easements, and plats referenced. Scope, location, and rights often become clear once you review the source.
- Order or update a survey
- If the commitment relies on an old survey or lists survey matters, order a current residential survey. Compare it to the exceptions and the property as built.
- Obtain HOA or POA confirmations if applicable
- If the property is subject to a property owners association, obtain an estoppel or statement of accounts to confirm dues and rules.
- Verify taxes and assessments
- Confirm current‑year taxes and any delinquencies with the county offices or appraisal district. Make sure requirements reflect accurate payoffs.
- Review minerals and reservations
- If minerals are reserved or severed, ask the title officer for the exact instrument and discuss options. Consider attorney input for complex reservations.
Sample quick checklist:
- Verify Schedule A: names, effective date, legal description.
- Read Schedule B: list every requirement and assign responsibility.
- Read Schedule C: flag minerals, easements, taxes, restrictions, encroachments.
- Order a current survey and compare to exceptions.
- Confirm payoffs and recorded releases before closing.
- Ask the title officer about endorsements, and involve an attorney for complex issues.
Clearing issues: who does what
A simple timeline to follow
- Receive the commitment and review Schedule A immediately for accuracy.
- Move to Schedule B to understand everything that must be cleared to close.
- Read Schedule C and pull the key recorded documents from Schedule D.
- Order or update your survey and request HOA documents if applicable.
- Verify tax status and any payoff amounts with the title team.
- Request endorsements where helpful and confirm the title company’s path to remove or limit exceptions.
- If something cannot be cured before closing, discuss an escrow holdback with the parties and title company.
Red flags worth a legal consult
- Complex mineral reservations or ongoing mineral disputes.
- Large or unclear judgment liens that may survive payoff.
- Boundary disputes or encroachments that cannot be resolved.
- Easement language that materially restricts use or access.
Local records to know in Tarrant County
- Tarrant County Clerk: recorded deeds, liens, easements, and plats listed on Schedule D.
- Tarrant Appraisal District: tax accounts, exemptions, and school tax status.
- City of Fort Worth permitting and code: permit history and potential municipal liens.
- Tarrant County floodplain resources and FEMA flood maps: verify flood zone status for insurance needs.
- Local title companies and attorneys: practical guidance on curative options and endorsements.
Buying in Colonial Hills means buying into a mature West Fort Worth neighborhood with strong appeal and long‑standing records. A careful title review ensures your closing is clean and your post‑closing risks are known and manageable. If you want an experienced team to guide each step and coordinate with your title officer, reach out to John Zimmerman.
FAQs
What is a Texas title commitment versus a policy?
- A title commitment is a preliminary report that lists conditions and exceptions for coverage, while the policy is issued at closing after requirements are met.
Who typically pays for title insurance in Fort Worth?
- Many Texas contracts reflect a custom where sellers pay for the owner’s policy and buyers pay for the lender’s policy, but the contract controls in every deal.
Why do mineral reservations appear on Colonial Hills homes?
- In Texas, mineral rights can be severed from surface rights; older deeds sometimes reserve minerals, which can affect use and coverage.
Do I need a new survey if the seller has an old one?
- A current survey is often recommended because older surveys may not reflect additions, fences, or encroachments that affect title and lender requirements.
What should I do if an easement crosses my backyard?
- Review the recorded easement from Schedule D to understand location and rights, then discuss limits, endorsements, or design adjustments with your title officer and contractor.
How do escrow holdbacks work if an issue cannot be cured before closing?
- The parties may agree to hold funds in escrow until a specific item is cleared, subject to written terms and the title company’s approval.
What if a judgment is recorded against the seller?
- The seller must resolve the judgment and provide a recorded release; your title company will verify clearance before issuing the policy.
