Addendum

TXR 1916 — Addendum for Property Located Seaward of the Gulf Intracoastal Waterway

This addendum provides a mandatory disclosure notice concerning the legal and economic risks of purchasing coastal real property near a beach that is located seaward of the Gulf Intracoastal Waterway. It warns buyers about the Texas Open Beaches Act, the public's acquired right of use or easement ov

Source: TXR
Form Number: 1916
Category: Addendum
Revised: December 5, 2011

Used For

Residential Sales, Farm & Ranch, Vacant Land, Commercial Sales

Form Outline

The TXR 1916 form is organized into the following sections:

  1. Form Header and Property Identification
    Identifies the form as the seaward property addendum required by the Texas Natural Resources Code, and links it to the specific contract and property address.
  2. Warning Notice and Risk Disclosures
    Provides a prominent warning that coastal property carries economic risks beyond inland property, including the possibility that structures may end up on a public beach due to erosion, subjecting the owner to state lawsuits for removal at the owner's sole cost.
  3. Geographic Scope and Public Beach Easement
    Defines the geographic scope of the addendum (seaward of the Gulf Intracoastal Waterway) and notifies buyers that the public has acquired rights of use over public beach areas through prescription, dedication, presumption, or continuous historical use.
  4. Vegetation Line and Easement Boundary
    Explains that the natural vegetation line marks the boundary between private property and the public beach easement. Where no clear vegetation line exists, the boundary is determined by statute.
  5. Shoreline Erosion Rates
    Warns that the Texas Gulf Coast is eroding significantly (more than 5 feet per year in many areas) and directs buyers to the Texas General Land Office for specific erosion rate data for the property location.
  6. Prohibition on Public Easement Obstruction
    Prohibits any obstruction of the public beach easement and warns in bold that property owners whose structures are on or become on the public beach (even due to erosion) face state lawsuits compelling removal.
  7. Purchaser Advisory and Recommendations
    Advises the buyer to take two specific steps before signing: determine the local shoreline erosion rate and consult with an attorney about the legal implications for the property's value.
  8. Execution by Buyer and Seller
    Provides signature lines for all buyers and sellers to execute the addendum, acknowledging they have read and understand the coastal property disclosure.

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