Owning property comes with many responsibilities, and one of the most important is paying property taxes. These taxes fund vital community services, including schools, infrastructure, police and fire protection, emergency response, and many more.
But what happens if your property isn’t listed correctly on the tax rolls—or worse, left off entirely? Many Texans discover too late that an error or omission in property tax records can have serious financial and legal consequences.
At Michael Saegert, Attorney at Law, we know how stressful this situation can be. Wherever you’re in Texas - Houston, Pasadena, Sugar Land, The Woodlands, Beaumont, Corpus Christi, San Antonio, Austin, Dallas, Fort Worth, or El Paso - omitted property tax issues can cause frustration and uncertainty.
You may feel like you did everything right—paid your taxes, kept up with paperwork—and yet, the county appraisal district missed something. Finding out your property was omitted from tax records can be alarming. You may be concerned about back taxes, penalties, or even the possibility that your ownership could be challenged at a later date.
These are valid concerns, and you don’t have to face them alone. We help property owners across Texas address tax record errors, seek fair outcomes, and protect their rights.
If you’ve discovered an omitted property on your tax records, or even more so if the appraisal district finds out property was omitted, reach out to us today to discuss your options and next steps.
How Property Is Recorded for Tax Purposes
Every county in Texas maintains an appraisal district responsible for identifying and valuing all taxable property within its boundaries. These records determine who owes property taxes and the amount owed. The process seems straightforward, but mistakes can occur at any stage.
Property may be left off tax records for several reasons, such as:
Clerical errors: Data entry mistakes or misfiled documents can cause property to disappear from official records.
Incomplete filings: If property transfers weren’t properly recorded or paperwork was lost, the appraisal district might not assign ownership or value to the property.
Boundary disputes or surveys: Confusion about property lines or unrecorded plats can result in a portion of land not being taxed.
New construction: Improvements or new structures may not be reported or assessed immediately. This is probably the most prevalent issue concerning omitted property assessments.
Inherited or subdivided property: Estates or newly divided tracts often fall through the cracks during record updates.
Each of these situations can result in an “omitted property” scenario. While it may initially seem like a fortunate oversight, the financial and legal consequences can be substantial once the omission comes to light. When discovered, property owners are often hit with back taxes, interest, and penalties—sometimes spanning several years. This makes it essential to understand the implications and know how to respond effectively.
What Omitted Property Means in Texas Tax Law
Under the Texas Tax Code, “omitted property” refers to taxable property that wasn't listed on the appraisal roll in a given year. This doesn’t necessarily mean the property was hidden or intentionally excluded—it may simply have been overlooked.
When this happens, the appraisal district has the legal right to assess taxes for the omitted years retroactively. Generally, Texas law allows appraisal districts to go back up to five years to determine back taxes for real property that was mistakenly left off the rolls.
This can come as a surprise to property owners who thought their taxes were up to date. You might receive a notice from the appraisal district or the tax assessor-collector stating that your property has been discovered as “omitted” and that you owe back taxes plus interest.
How Appraisal Districts Correct Omitted Property
When property is discovered to be omitted, appraisal districts follow a statutory process to add it back to the tax roll. Here’s how it typically works:
Discovery of omission: The appraisal district identifies that the property wasn't listed or valued in prior years.
Notice to the property owner: The district sends written notice stating the years affected and the proposed assessed value.
Right to protest: The property owner can protest the appraised value or the determination that it was omitted property before the Appraisal Review Board (ARB).
Correction of the appraisal roll: If the omission is confirmed, the appraisal district will amend the records and recalculate the taxes owed.
Billing and payment: The tax assessor-collector issues a bill for the back taxes, including applicable interest and penalties if warranted.
While this process adheres to the law, it can feel overwhelming and confusing, especially when multiple years are involved or if the valuation appears too high. Having legal guidance can help you challenge errors, request fair adjustments, or explore payment options.
Potential Financial Consequences
An omission on your property tax record doesn’t just affect the books—it affects your wallet. Once the property is added back to the tax roll, you could be responsible for several financial obligations.
Back taxes: You’ll owe the taxes that should have been paid for each omitted year, up to five years.
Interest and penalties: Interest typically accrues on unpaid amounts, which can add up quickly.
Adjustments to escrow accounts: If you have a mortgage, your lender may need to adjust your escrow payments to cover new assessments.
Potential legal action: In extreme cases, unpaid taxes can result in liens or even foreclosure proceedings.
These outcomes can strain finances, especially if the omission covers several years. However, you may have options to dispute the amount owed, negotiate payment arrangements, or argue that the omission wasn’t your fault.
If you find yourself in this position, don’t ignore the notice. Prompt action is the best way to prevent additional costs or enforcement measures.
Your Rights as a Property Owner
Texas law gives property owners important rights regarding tax assessments and corrections. If your property was omitted, you’re not automatically at the mercy of the appraisal district—you have a voice in the process.
You may have the right to:
Receive notice: You must be notified before any correction or additional tax assessment is finalized.
Protest the appraisal: You can challenge the appraised value or argue that your property wasn’t truly omitted.
Request documentation: You can ask to see how the appraisal district determined the omission and its valuation.
Seek a hearing before the ARB: The Appraisal Review Board provides a formal setting to dispute the decision.
Pursue judicial review: If you disagree with the ARB’s outcome, you can file a lawsuit in district court.
Exercising these rights can be critical to protect your financial interests. An experienced property tax attorney can help you prepare evidence, represent you before the ARB, and, if necessary, pursue legal remedies in court.
How Property Omission Can Affect Ownership and Title
In addition to financial concerns, omitted property can create title complications. Title companies rely on accurate tax records to confirm ownership and outstanding liabilities. If your property was omitted from tax records:
Your title report may show discrepancies. The legal description or parcel number might not match official records.
Future buyers or lenders might hesitate. Omitted tax records can raise red flags during sales or refinancing.
Tax liens can appear unexpectedly. Once back taxes are assessed, liens may be recorded against the property.
Addressing these issues typically involves collaboration between the property owner, the appraisal district, and legal counsel. Acting promptly to correct omissions is key to maintaining a clear title and avoiding future challenges.
What to Do If You Receive an Omitted Property Notice
If you’ve received a notice that your property was omitted from the tax roll, don’t panic—but don’t ignore it either. Time is critical in these situations, especially given the short protest deadlines.
Here’s what to do:
Review the notice carefully. Note the years affected, the appraised values, and the deadlines for response.
Gather your records. Collect deeds, closing documents, tax statements, and correspondence that may show your tax history.
Verify the property description, including any improvements. Make sure the property listed in the notice matches your actual property.
Consult with a property tax attorney. A lawyer can evaluate whether the omission was valid and help you file a protest if appropriate.
Attend the ARB hearing. Be prepared to present your case, including any documentation that supports your position.
After addressing the notice, maintain open communication with your appraisal district. Resolving the issue properly can prevent future additional assessments or disputes.
Contact a Texas Property Tax Lawyer Today
Property omissions in tax records can be stressful, costly, and confusing—but you don’t have to face them alone. Whether you’re in Houston, Pasadena, Sugar Land, The Woodlands, Beaumont, Corpus Christi, San Antonio, Austin, Dallas, Fort Worth, El Paso, or anywhere else in Texas, Michael Saegert, Attorney at Law, is here to help.
We’ll review your situation, explain your options, and help you take proper steps to correct errors, contest unfair assessments, and protect your property. Reach out today to schedule a consultation and discuss your next steps.
