Buying in Bee Cave and staring at a title commitment? You are not alone. The document can feel dense, yet it is one of the most important tools you have before closing. When you know how to read it, you can spot issues early, avoid surprises, and protect your plans for the property. This guide breaks the commitment into plain-English pieces and shows you what to review, what to clear, and what is typical in Bee Cave and Travis County. Let’s dive in.
What a title commitment is
A title commitment is the title insurer’s written promise to issue a title policy at closing if certain requirements are met. It is not the policy. The commitment reflects everything the title company found up to its effective date and lists what they will not insure unless cleared or endorsed.
In Texas, commitments follow a standard structure you will see from most licensed title companies. Your goal is to confirm who owns the property, what liens or restrictions exist, what must be done before closing, and which items will remain as exceptions if not addressed.
How to read the commitment
Schedule A: The essentials
Schedule A sets the frame. Check it first and compare it to your contract and survey.
- Proposed insured and owner of record. Confirm correct legal names and spelling.
- Estate to be insured. Most residential deals are fee simple; verify that.
- Policy type and amount. Owner’s policy, lender’s policy, or both, with correct dollar amounts.
- Legal description. It must match your contract and survey. Small errors can create big problems.
- Effective date and time. Items recorded after this timestamp will not show until an update.
Schedule B Part I: Requirements
This section lists tasks that must be satisfied for the insurer to issue the policy. Think of these as your to-do list for closing.
- Payoff and release of any mortgages or vendor’s liens.
- Delivery of a properly executed deed and supporting affidavits.
- Tax certificates and proof of payment for ad valorem taxes.
- Estate, probate, or heirship documents if title flows through a decedent or trust.
- HOA estoppel letters, tenant estoppels, or other confirmations the underwriter requests.
Clarify who will handle each requirement, when it will be done, and whether it happens at closing or beforehand.
Schedule B Part II: Exceptions
These are items the policy will not cover unless removed or endorsed. Review each one and decide if you can accept it, need it cleared, or want an endorsement.
- Standard printed exceptions. Often include survey matters and parties in possession.
- Specific exceptions. Recorded easements, restrictive covenants, mineral reservations, plat notes, and more.
Your decision is simple: accept, cure, or insure where possible.
Schedule C or addenda
Some commitments include a separate schedule or addendum with extra requirements. Treat these as actionable. They often request affidavits, estoppels, payoff letters, or municipal items that must be in place by closing.
Common Bee Cave exceptions and what they mean
Property taxes and assessments
Travis County and any applicable city taxes must be current or they remain as liens. Special districts may also levy assessments. Expect to see tax items noted and cleared with certificates and prorations at closing.
Mortgages, deeds of trust, and liens
Prior mortgages or vendor’s liens must be paid off and released so you take clear fee simple title. The title company typically obtains payoffs and records releases at or just after closing.
Judgments and UCC filings
Recorded judgments or certain UCC filings can attach to real property. The usual fix is a recorded release or proof of satisfaction. If a seller cannot clear a judgment, you may negotiate a credit or holdback.
Easements and access
Utility, roadway, pipeline, or ingress/egress easements are common. In lake-adjacent or ridge-top areas around Bee Cave, easements may affect driveway locations, utilities, or access to shared amenities. Read the easement document and confirm it works for your intended use.
Restrictive covenants and HOA rules
Most subdivisions around Bee Cave have recorded covenants and plat notes that control use, setbacks, building lines, and HOA duties. Review the CC&Rs and obtain an HOA estoppel to confirm assessment status and any pending claims.
Mineral reservations
Mineral rights in Texas are often severed or reserved in prior deeds. These reservations can appear as exceptions, and they can allow third parties certain surface-use rights. Consider how this aligns with your plans and whether endorsements or contractual protections make sense.
Survey matters and boundary questions
If the commitment carries a broad survey exception, a current survey can help narrow or remove it. In platted neighborhoods, recorded plats show easements and building lines. A current ALTA/NSPS survey can reveal encroachments or inconsistencies early.
What usually requires action before closing
Use this quick checklist to keep your closing on track.
- Verify Schedule A names, vesting, and the exact legal description.
- Order and review the full commitment, not just summary pages.
- Get payoff statements for any liens listed in Schedule B Part I.
- Obtain Travis County and, if applicable, city tax certificates and confirm prorations.
- Request the HOA estoppel for assessments and compliance status.
- Order a current survey if there are survey exceptions or planned improvements.
- Review mineral reservations if listed and decide on your risk tolerance.
- Confirm deed execution requirements, including spouse signatures or representative capacity when needed.
- Complete required affidavits, such as an owner’s affidavit or non-foreign status where applicable.
- Discuss endorsements with your title agent and lender. Ask about access, survey-related, map, homestead, condo/unit, mineral, or lender-required endorsements.
Timelines, responsibility, and costs
Some clearances happen at the table, like lien payoffs and release recordings. Others take longer, such as judgment releases or easement modifications. Build in time if you see complex items.
Costs are negotiable in the Texas contract. A common pattern is buyer pays for the owner’s policy, the lender pays for the lender’s policy, and the buyer orders the survey and endorsements. Your contract controls, so confirm how yours allocates these items.
Title companies coordinate payoffs, prep documents, obtain recordings, and issue the policy once requirements are met. They can also advise whether an exception is typical and how it is usually handled.
Bee Cave hypotheticals
Hypothetical A: New subdivision with HOA
- What you might see: Recorded CC&Rs, HOA easements for utilities or drainage, and a requirement for an HOA estoppel. Future assessments may be excepted.
- What you do: Get the HOA estoppel to confirm dues and any violations. Review CC&Rs for rules on improvements like fences or exterior finishes. Have the seller clear unpaid assessments at closing.
Hypothetical B: Lake-area lot with access easement and mineral reservation
- What you might see: A recorded easement for a shared drive or boat access and a prior mineral reservation.
- What you do: Read the easement to ensure it does not block your intended improvements. Discuss endorsements or seller indemnity if the mineral reservation raises surface-use concerns. Confirm any limits on docks or structures with your documents.
Hypothetical C: Older parcel with prior mortgage or judgment
- What you might see: A prior deed of trust not released of record and a recorded judgment against a seller.
- What you do: Title obtains a payoff and records a release at closing. If a judgment cannot be cleared before closing, negotiate a price credit or escrow holdback with a clear cure plan.
Next steps for Bee Cave buyers
- Compare Schedule A to your contract and survey line by line.
- Share the full commitment with your agent and a real estate attorney for review.
- Order HOA estoppels, tax certificates, and a current survey as early as possible.
- Flag Schedule B exceptions that could impact your use, such as easements, mineral reservations, or encroachments.
- Decide which endorsements fill coverage gaps and confirm costs with your title agent and lender.
- If you see significant exceptions, ask for a consult to map a cure strategy and negotiate seller obligations.
Buying around Lake Travis, Lakeway, and Bee Cave often involves plats, HOAs, and the occasional curveball. If you want a second set of legally trained eyes on your commitment, reach out. With attorney-level contract and title oversight, you can close with confidence. Connect with Eileen Depew to review your title commitment and plan your next steps.
FAQs
What is a title commitment vs. a policy?
- A title commitment is the insurer’s promise to issue a policy once requirements are met. The policy is issued after closing and lists final coverages and exceptions.
How current is a title commitment’s information?
- The commitment is effective as of a specific date and time. Items recorded after that will not appear until the title company updates the search, often right before closing.
Do I need a new survey for a Bee Cave purchase?
- If there is a broad survey exception or you plan improvements, a current ALTA/NSPS survey is advisable and often required by lenders. It can reveal easements or encroachments.
What if the commitment shows a mineral reservation?
- Mineral reservations are common in Texas and often cannot be removed. You can accept the limitation, seek endorsements where available, negotiate indemnity, or choose not to proceed.
Who clears title problems before closing?
- The seller typically clears defects that predate the contract. The title company coordinates payoffs and recordings, and complex issues may require a real estate attorney.
Who usually pays for title insurance in Texas?
- Costs are negotiable, but a common pattern is buyer pays for the owner’s policy, lender pays for the lender’s policy, and the buyer orders surveys and endorsements. Your contract controls.
