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Residential
Owner-occupied, residential property - your home - is
much easier to value, on the one hand, considering that there is no income
and nothing influencing the value other than market sales and comparable
assessments, and somewhat more difficult, on the other hand, considering
that it can be harder to find the reasons you may need to seek lower taxes.
The report contained herein is a comparable property analysis worksheet which
compares your property with the assessments of others in the neighborhood
and with similar properties which have sold in your area. More likely than
not, your assessment has been made with the same data and characteristics
as others – you need to determine if your property is different in
any way from the others and if, indeed, the data has been correctly applied
to your property. It may be that your property is fairly assessed; however,
you may find, based on sales, that all of the properties in your neighborhood
are over-assessed; you may find that your property is improperly described
or that the CAD is unaware of the distinct differences in your property,
This exercise is a relatively simple task of entering
data that can be retrieved from the appraisal district in your county. If
you will ask for the evidence that will be used to support the appraisal
district’s case (you can write or visit the CAD to get the
information) you can create essentially the same case they will but perhaps
with greater detail and more appropriate adjustments.
These things may help further change your value:
I.
Your
property is incorrectly described
a. The square footage is wrong. You will
need an architectural drawing (such as your construction drawings) to
support your case; however, the CAD will seek a field check and may very
well decide that they are right or that there is a number higher than that
indicated by the architect. I have had one home remeasured by the CAD 4
times and, although it has been described as smaller each time, they still
refuse to accept the construction drawings).
b. The features are incorrectly described
(as number of bedrooms or bathrooms, fireplaces, pools, etc.)
c. Your home is classified higher than it
should be. CAD’s use A, B, C with + and – and E classes (quite
confusing) to classify your house. If you think yours might be a lesser
class, determine others in your same class code and drive by to compare.
You may need a CAD field check.
d. The land is incorrectly described
– provide a survey.
II.
Your
property and the improvements need repair or have a condition which affects
use and value.
.
There
is an easement, encroachment, or recorded (or perhaps unrecorded) right by
another party or entity to cross or use the property. There can also be
restrictive covenants recorded by previous owners or by neighborhoods which
can affect your value (and sometimes the whole neighborhood). Retrieve
documents and provide them to the CAD.
a. Your home needs repair as a result of
usual wear or because of some event.
i.
Roof
and foundation repairs are the most common – get a bid from one or
more contractors.
ii.
Environmental
remediation requirements for asbestos or mold. You should not go out and
get an expert to test your home unless you are concerned or have reason to
think you have a problem. Providing evidence of the problem will attach to
your property’s record and insurance companies may require response
which you otherwise would not wish to take. If you already have a report
and have not done the work, provide the report to the CAD.
iii.
Anything
which happened to your home (and perhaps to the neighborhood) such as a
flood will more than likely be public knowledge; unfortunately, this does
not automatically earn you a lower value. You may have to show that your
property is more susceptible or that your damages are greater than others.
Events happening after January 1 of the tax year will usually not be
considered.
Complete the data worksheet first as described in the
instructions. Enter the total cost of repairs in a single cell as noted and
be prepared to provide all appropriate documentation.
If you have recently purchased your home and the
assessment is at or near (perhaps even higher than) the purchase price, you
may have a case under the provisions of Section 42.06 of the tax code - the
so-called Uniform and Equal provisions. Starting in 2004 this remedy is
available under the administrative appeal sections of the tax code (thanks
to work by Equitax and Popp & Ikard in winning the United Investors vs.
Harris County case) and the CADs have prepared a defense which may not be
as thorough or as accurate as yours (as with Harris County). We have
provided a copy of the code section in this site for you to print and share
with CAD staff and ARB members. If others in your neighborhood have been
raised to your sale level, your value is good, but if yours is the only one
raised you have a case.
It is important to stay calm in any CAD hearing, informal
or formal, and to have copies of all of the evidence which supports your
case. If you prepare in advance, and bring at least 4 copies of evidence,
you will be more clearly heard.
If you have any problems completing the worksheet
provided at this site or if you cannot retrieve and print the worksheet,
please call Equitax at 713-229-8585 and we will provide support and/or a
free CD of the worksheet.
Texas
Property Tax Code - Sec. 41.43. Protest of Inequality of Appraisal
Worksheet
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