Keep My Acres

Selling or splitting off part of your Texas ag land: rollback, the rest of the tract, and the house

Splitting off a lot for a family member or a sale is common. The rollback bill lands only on the part that changes, but the rest of the tract can be affected too.

Checked against the Texas Tax Code and the Comptroller's appraisal manuals. Updated October 2026.

A survey stake with orange flagging at a pasture corner by a gravel road, a new house in the distance
Splitting off a lot is the most common way part of a tract leaves ag.

Selling isn't what triggers rollback

The Comptroller's manual is direct: "Selling the property does not trigger the 1-d-1 rollback." Rollback comes from a change of use: when ag use stops, or the land is put to a non-ag use like a house, a subdivision or a business.

But a sale usually ends the seller's ag approval, and the buyer has to apply on their own. See bought land with ag valuation and the 2026 law change.

Only the piece that changes gets the bill

When only part of a tract changes use, the law limits the bill to that part. Tax Code §23.55(d): "the additional tax applies only to that part of the parcel." The same rule applies to timber (§23.76(d)).

An example 50-acre tract. Rollback covers only the acres that change use (Tax Code §23.55(d)).

The rest still has to qualify

The land you keep only keeps its valuation if the ag use on it still meets your district's standard. A split can quietly break that. If Trinity CAD expects 5 mother cows and the remaining pasture can't carry them, the remainder can lose its valuation too.

There's no statewide minimum acreage for ag. The manual says an arbitrary size limit is invalid, but a district can use size guidelines "based on the principal uses of the tracts and upon the general intensity of a typical operation in the area." Ask your district before you survey.

Wildlife land has a hard rule

If the land is under wildlife management, splitting brings a minimum-use test. If the tract is smaller than it was on January 1 of the year before, a set share of it must be in wildlife use. In the Pineywoods, the district picks a figure between 92% and 94% (34 TAC §9.2005). The tract doesn't face that test while its size stays the same.

A house on the land

Claiming a house on the land as your homestead doesn't trigger rollback by itself. The manual is clear about the catch: if you build a homestead on former ag land, "he or she avoids rollback only as long as he or she continues to use the home as a residence. Selling the home may trigger a rollback on the land making up the homestead." In effect you need to live there three years.

Who pays when land sells and changes use

The manual: "the person who has title to the property on the date the use changes is personally liable for the rollback tax, but the lien may be foreclosed against the land regardless of who is liable." That's why buyers and sellers usually spell it out in the sales contract. Ask your title company or attorney about the contract terms.

The new owner of the split piece

Once ag is approved, no new application is needed "unless the ownership changes, the land's eligibility ends or the chief appraiser requests one." The buyer of a split-off piece who wants to keep it in ag files their own application by April 30.

How much is at stake

Run the rollback calculator on your county page with just the acres you're splitting off. See the rollback guide for how the bill is figured.

Your county

General information, not legal or tax advice. Your appraisal district makes the final call.