Texas Property Code 82.059 – Plats and Plans
(a) Plats and plans are a part of the declaration and may be recorded as a part of the declaration or separately. Each plat or plan must be legible and contain a certification that the plat or plan contains all information required by this section.
(b) Each plat must show:
(1) the name and a survey or general schematic map of the entire condominium;
(2) the location and dimensions of all real property not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real property;
(3) a legally sufficient description of any real property subject to development rights, labeled to identify the rights applicable to each parcel;
(4) the extent of any encroachments by or on any portion of the condominium;
(5) to the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the condominium, and the location of any underground utility line that is actually known by the declarant at the time of filing the declaration to have been constructed outside a recorded easement;
(6) the location and dimensions of any vertical unit boundaries not shown or projected on recorded plans and the unit’s identifying number;
(7) the location of horizontal unit boundaries, if any, with reference to established data, unless described in the declaration or shown or projected on recorded plans, and the unit’s identifying number;
(8) a legally sufficient description of any real property in which the unit owners will own only an estate for years, labeled as “leasehold real property”;
(9) the distance between noncontiguous parcels of real property constituting the condominium;
(10) the location and dimensions of limited common elements, other than those described by Sections 82.052(2) and (4);
(11) in the case of real property not subject to development rights, all other matters required by law on land surveys; and
(12) the distance and bearings locating each building from all other buildings and from at least one boundary line of the real property constituting the condominium.
Terms Used In Texas Property Code 82.059
- Common elements: means all portions of a condominium other than the units and includes both general and limited common elements. See Texas Property Code 82.003
- Condominium: means a form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions. See Texas Property Code 82.003
- Declarant: means a person, or group of persons acting in concert, who:
(A) as part of a common promotional plan, offers to dispose of the person's interest in a unit not previously disposed of; or
(B) reserves or succeeds to any special declarant right. See Texas Property Code 82.003 - Declaration: means an instrument, however denominated, that creates a condominium, and any amendment to that instrument. See Texas Property Code 82.003
- Development rights: means a right or combination of rights reserved by a declarant in the declaration to:
(A) add real property to a condominium;
(B) create units, common elements, or limited common elements within a condominium;
(C) subdivide units or convert units into common elements; or
(D) withdraw real property from a condominium. See Texas Property Code 82.003 - Identifying number: means a symbol or address that identifies only one unit in a condominium. See Texas Property Code 82.003
- Plan: means a dimensional drawing that is recordable in the real property records or the condominium plat records and that horizontally and vertically identifies or describes units and common elements that are contained in buildings. See Texas Property Code 82.003
- Plat: means a survey recordable in the real property records or the condominium plat records and containing the information required by § 82. See Texas Property Code 82.003
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Unit: means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described by the declaration. See Texas Property Code 82.003
(c) A plat may also show the intended location and dimensions of a contemplated improvement to be constructed anywhere within the condominium, which must be labeled either “MUST BE BUILT” or “NEED NOT BE BUILT.”
(d) To the extent not shown on the plats, plans must show:
(1) the location and dimensions of the vertical boundaries of each unit, and the unit’s identifying number;
(2) the horizontal unit boundaries, if any, with reference to established data, unless described in the declaration, and the unit’s identifying number; and
(3) any units, appropriately identified, in which the declarant has reserved the right to create additional units or common elements.
(e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plats and plans. Interior walls and partitions within a unit need not be included in the plats or plans.
(f) On exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of this section or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of this section.
(g) An independent licensed surveyor or engineer shall certify at least one plat, whether contained in one or more pages, showing all perimeter land boundaries of the condominium, except for additional real property, and showing the locations on the ground of all buildings labeled “MUST BE BUILT” in relation to land boundaries. Certification of any other plat or plan required by this chapter shall be made by an independent licensed architect, surveyor, or engineer.