Addendum

TREC 34-4 — Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

This addendum provides a mandatory disclosure to purchasers of real property located seaward of the Gulf Intracoastal Waterway, as required by Section 61.025 of the Texas Natural Resources Code. It warns buyers about the legal and economic risks of purchasing coastal property near a Gulf Coast beach

Source: TREC
Form Number: 34-4
Category: Addendum
Revised: December 5, 2011

Used For

Residential Sales, Farm & Ranch, Vacant Land

Form Outline

The TREC 34-4 form is organized into the following sections:

  1. Header and Property Identification
    Identifies the addendum and connects it to the main contract by referencing the property address. The form is promulgated by TREC and required by statute for coastal property transactions.
  2. Warning and Risk Disclosure
    A bold, capitalized warning required by state law that alerts the buyer to five key risks: (1) this notice is legally required, (2) coastal property carries risks beyond inland property, (3) structures may end up on public beach due to erosion, (4) the state can order removal of such structures, and (5) removal costs are solely the owner's burden.
  3. Geographic Scope and Public Beach Easement
    Defines the geographic applicability as property seaward of the Gulf Intracoastal Waterway (or seaward of the 97-degree longitudinal line south of the Brownsville Ship Channel). Explains that the public holds easement rights over beach areas acquired through prescription, dedication, or continuous public use, with the natural vegetation line marking the landward boundary.
  4. Erosion Rates and Legal Restrictions
    Warns that Gulf coastline erosion exceeds five feet per year in many areas, with rates available from the Texas General Land Office. State law prohibits any obstruction of the public easement, and owners of structures that are or become seaward of the vegetation line face lawsuits by the State of Texas to remove those structures.
  5. Buyer Advisory and Recommended Actions
    Formally notifies the buyer that they should take two specific actions before signing: (1) determine the shoreline erosion rate in the vicinity of the property, and (2) consult an attorney or other qualified professional about how these statutes and facts affect the property's value.
  6. Signatures
    Provides signature lines for up to two buyers and two sellers. All parties must sign to acknowledge receipt and understanding of the coastal property disclosure.

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