Gravel road stretching to the horizon in the Texas Panhandle

Yes, you can sell without coming to Texas

Almost every step of a Texas land sale can happen from a distance. You can list or market the land, sign the contract electronically, and deal with the title company by phone and email. The one step that needs care is signing the deed, because it usually has to be acknowledged before a notary or similar officer before it can be recorded.

You have three ways to do that:

MethodHow it worksGood to know
Mail-away closingThe title company sends you the closing documents. You sign in front of a notary where you live and courier the originals back.Texas accepts acknowledgments taken by a notary in any U.S. state. Abroad, a U.S. consular officer or a local notary can take them.
Remote online notarizationYou sign electronically on a video call with a Texas online notary, who checks your ID through credential analysis and identity proofing.Texas law allows it wherever you are physically located. The title company has to accept it, so ask.
Power of attorneySomeone you trust signs the deed as your agent.The power of attorney must be recorded in the county where the land is, within 30 days after the deed is filed.

The acknowledgment rules come from Civil Practice and Remedies Code Section 121.001, and online notarization from Government Code Chapter 406, Subchapter C. The recording rule for a power of attorney is in Estates Code Section 751.151. Title companies usually want to review a power of attorney well before closing, so send it early.

If you're signing outside the U.S., talk to the title company first. The FBI lists deeds notarized in a foreign country as a red flag for fraud, so expect extra identity checks whichever method you use.

What the title company will need from you

  • Proof of identity, usually a government photo ID, and possibly a video call.
  • Proof you own the land: your deed, and if the land came through a family member, the documents that put it in your name. Our guide to selling inherited land covers that.
  • Details of any liens, such as a mortgage or unpaid taxes, so they can be paid from the proceeds.
  • Your taxpayer ID number for IRS reporting, and your FIRPTA status (below).
  • Bank details for your proceeds. Confirm wiring instructions by calling the title company at a number you looked up yourself, never one from an email.

These checks can feel slow when you're far away. They exist because scammers pose as out-of-state owners to sell land they don't own. Our guide to vacant land fraud in Texas explains how that works and how to protect yourself.

Old fence post and barbed wire in a field near Lubbock, Texas
A fence line you haven't seen in years is worth checking before you list.

If you live outside the United States

FIRPTA withholding

The Foreign Investment in Real Property Tax Act applies when the seller is a foreign person: generally a nonresident alien individual or a foreign company. U.S. citizens and resident aliens, which generally includes green card holders, are not foreign persons, even if they live abroad. They sign a certificate saying so, and nothing is withheld.

For a foreign seller, the rules are strict:

  • The buyer is the withholding agent and can be liable for failing to withhold. In practice it's usually handled through the closing.
  • The rate is generally 15% of the amount realized, which for a cash sale is roughly the full sale price.
  • The buyer sends it to the IRS with Form 8288, generally within 20 days after closing.
  • The main exception won't usually help. It covers an individual buyer acquiring a residence for $300,000 or less, which rarely describes vacant land.
  • You can apply to reduce it with Form 8288-B, a request for a withholding certificate based on the tax you'll actually owe.

The withholding is a prepayment. You file a U.S. income tax return reporting the sale and claim credit for the amount withheld. Include your U.S. taxpayer ID number on the paperwork, or getting the credit gets harder.

An illustration: A seller living in Mexico, who isn't a U.S. citizen or resident, sells Texas land for $100,000. At closing, $15,000 is withheld and sent to the IRS. If the tax the seller actually owes on the gain is $4,000, the seller files a U.S. return and can get the other $11,000 back.

Texas has no state income tax, so there's no state withholding. Federal rules are detailed, and an international tax professional is worth consulting before you sign.

Limits on some foreign buyers

Since September 1, 2025, Texas law (SB 17, Property Code Sections 5.251 to 5.259) bars certain buyers from acquiring Texas real property. It covers governments and companies tied to designated countries, and certain individuals connected to them, such as people domiciled there. Designated countries are those named as national security risks in recent U.S. intelligence threat assessments, plus any the governor designates. U.S. citizens and permanent residents are exempt. The law limits who can buy, and a foreign owner can still sell.

Can someone take your land while you're away?

Absentee owners worry about adverse possession, where someone who occupies land long enough can gain title to it. Texas sets several periods:

PeriodWhat the possessor needsStatute
3 yearsPossession under title or color of titleCPRC 16.024
5 yearsUses the land, pays the taxes and claims under a recorded deed (not a forged deed or quitclaim)CPRC 16.025
10 yearsUses the land with no deed at all. Limited to 160 acres unless more is actually enclosedCPRC 16.026
25 yearsUses the land, even if the owner was under a legal disabilityCPRC 16.027
25 yearsHolds in good faith under a recorded deed, even a void oneCPRC 16.028

In every case, the possession has to be peaceable, visible and hostile to your ownership. Texas courts require use that is actual, continuous and notorious, and of a kind that unmistakably claims exclusive ownership. Sharing a driveway or field with the owner doesn't count. Paying the taxes alone doesn't either.

Can a neighbor claim your land by mowing it? Occasional mowing on its own is unlikely to meet that test. Grazing inside a fence that happens to enclose your land, rather than one built to take it in, generally doesn't qualify either. A neighbor who fences your land in and treats it as their own for 10 years is a different story.

The simplest protection is written permission. Permission defeats a claim, and Texas A&M's Real Estate Center suggests recording it in the deed records. If you find a fence in the wrong place, or someone living on or farming your land, talk to a Texas real estate attorney promptly.

Keeping land you can't see out of trouble

Taxes and notices

Texas tax notices go to the address in the appraisal district's records, or to an address you ask for in writing. If the bill goes astray, you still owe it: under Tax Code Section 31.01, failing to receive a tax bill doesn't change the tax, penalties, interest or due date. Update your mailing address with the appraisal district every time you move. If you've already fallen behind, our guide to selling land with back taxes explains how they're paid at closing.

Weeds, trash and dumping

Empty land attracts tall grass and illegal dumping, and the cleanup usually falls on the owner. Inside a city, if you don't fix a weed or rubbish violation within 7 days of notice, the city can do the work, charge you, and file a lien on the land that accrues 10% interest and ranks behind only tax liens and street improvement liens (Health and Safety Code Sections 342.006 and 342.007). The notice can be a letter to your appraisal district address or, if you can't be reached personally, a notice posted on the land. Counties can abate similar nuisances in unincorporated areas and assess the cost as a lien.

A locked gate, a posted sign and a neighbor who has your phone number go a long way. Check the county records for liens before you list, so nothing surprises you at closing.

A remote sale, step by step

  1. Confirm the title is in your name and that every co-owner will sign.
  2. Check the tax status and your mailing address with the appraisal district.
  3. Decide how to sell: through an agent, on your own, or to a land company.
  4. Sign the contract electronically, naming a Texas title company.
  5. Review the title commitment and deal with any liens or gaps in the records.
  6. Agree the signing method with the title company: mail-away, online notary or power of attorney.
  7. Sign, return the originals if needed, and confirm wiring instructions by phone.

Showings and someone on the ground

Land buyers want to walk the property, see the corners and check the access. When you're far away, you have a few ways to cover that:

  • A local land agent who shows the land, fields calls and handles negotiations, for a commission.
  • A trusted neighbor or relative who can open a gate and meet a surveyor.
  • Good information up front: a survey, marked corners, aerial maps and recent photos, so buyers can do much of their homework online.
  • A land company like ours. You tell us about the land, and we research it and agree on a price with you.

If you're weighing selling it yourself, our guide to selling land in Texas without a realtor covers each step. If you'd like help from here, tell us about your land. We're a North Texas family business working with owners across the state, and if we agree on a price, a Texas title company closes the sale with you signing from wherever you live.

Common questions

Can I sell my property in Texas from another state?

Yes. Most of the work can be done by phone, email and courier. At closing you can sign the deed before a notary in your state, use a Texas online notary over video, or have an agent sign under a recorded power of attorney. Ask the title company early which method it will accept.

How long do you have to occupy land before it becomes yours in Texas?

It depends on the claim. Texas has adverse possession periods of 3 years (with title or color of title), 5 years (with a recorded deed, paying taxes and using the land), 10 years (using the land without any deed), and 25 years. In every case the possession has to be open, continuous, peaceable and hostile to the true owner, and it usually takes a court case to prove.

Can a neighbor claim my land by mowing it?

Occasional mowing on its own is unlikely to be enough. Texas courts require possession that is visible, continuous and hostile, and of a kind that unmistakably claims exclusive ownership, and shared use with the owner doesn't qualify. A neighbor who fences in and uses your land for 10 years is a real risk, though. Written permission, recorded in the deed records, stops a claim.

Does the buyer have to withhold tax if I live outside the U.S.?

Only if you're a foreign person for tax purposes, which generally means a nonresident alien. Then the buyer usually withholds 15% of the amount realized under FIRPTA and sends it to the IRS. U.S. citizens, and generally green card holders, aren't foreign persons even if they live abroad. They sign a certificate saying so, and nothing is withheld.

What happens if I never receive my Texas property tax bill?

You still owe the tax, and penalties and interest still apply. Texas Tax Code Section 31.01 says failing to receive a bill doesn't change the tax, the due date or the lien. Notices go to the address in the appraisal district's records, so update it whenever you move.

This guide is general information for Texas landowners, not legal, tax or financial advice. Laws and local rules change, so check your situation with a Texas real estate attorney or tax professional before you act.