QUICK ANSWER

This guide covers the property characteristics, interests, and land-use topics on the national portion of the Texas exam. The eight topics to master are legal descriptions, fixtures versus personal property, the bundle of rights, easements, encumbrances and encroachments, liens, zoning and land use, and mineral and surface rights. Together they answer what a parcel is, what rights come with it, what burdens sit on it, and how the government and neighbors can limit its use. This guide orients you to all eight and links to a full breakdown of each.

EXAM PREP ONLY

This is a study guide for the Texas sales agent exam. It is educational content, not legal advice. The Texas rules referenced here come from the Texas Property Code, the Texas Constitution, Texas case law, the Texas Tax Code, the Texas Local Government Code, and the Texas Water Code, which can change. Confirm the current law before relying on it, and see each linked guide for its primary sources.

8 topics
legal descriptions to mineral rights, all here
2 outline areas
property ownership and land use controls
80 / 56
national scored items, and the number to pass
Topic Practice
drill the whole area in the app

These topics sit in the property ownership and land use control parts of the national outline. They build on each other: first you describe a parcel and what comes with it, then you layer on the rights, burdens, and public controls. Learn the eight pieces below, then drill them in ownership and title practice questions.

The area at a glance

Snippet answer: This area covers eight topics. Legal descriptions and fixtures define the parcel and what conveys with it. The bundle of rights, easements, encumbrances, and liens describe the rights and burdens attached to the land. Zoning and mineral rights cover public and subsurface controls on how the land is used.

Topic What it covers
Legal descriptions Metes and bounds, lot and block, and why Texas skips the rectangular survey
Fixtures vs personal property The Logan v. Mullis test and what conveys with the property
The bundle of rights The five ownership sticks and the dominant Texas mineral estate
Easements Appurtenant vs in gross, and the Texas prescriptive and necessity rules
Encumbrances and encroachments Liens vs use restrictions, deed restrictions, and encroachments
Liens General vs specific, priority, and the superior Texas tax lien
Zoning and land use Police power, variances, and why Texas counties cannot zone
Mineral and surface rights The split estate, the five mineral rights, and the rule of capture

Snippet answer: A legal description identifies a parcel precisely enough for a surveyor to locate its boundaries. The three national methods are metes and bounds, rectangular survey, and lot and block. Texas uses metes and bounds and lot and block, but it never adopted the rectangular survey system.

A street address is not a legal description. The signature Texas point is that no Texas parcel is described by township and range, though you still learn that system for the national portion. Read the full guide to legal descriptions.

Fixtures and personal property

Snippet answer: A fixture is personal property attached to real estate so that it becomes part of the real property and conveys with it. Texas decides close calls with the three-part test from Logan v. Mullis, where intention is the preeminent factor. Trade fixtures stay the tenant's personal property.

The exam lesson is that a fixture conveys unless the seller excludes it, which is exactly how the TREC contract handles it. See fixtures vs personal property.

The bundle of rights

Snippet answer: The bundle of rights is the idea that ownership is a set of separate rights, pictured as sticks. The five core sticks are possession, control, enjoyment, exclusion, and disposition. An owner can transfer one stick, like leasing possession, while keeping the rest.

Land, real estate, and real property form a three-tier ladder, and in Texas the mineral estate is dominant over the surface. Read the bundle of rights.

Easements

Snippet answer: An easement is a nonpossessory right to use another person's land for a purpose. An easement appurtenant benefits a neighboring parcel and runs with the land, while an easement in gross benefits a person or company. Texas prescriptive easements need 10 years of open, adverse, and exclusive use.

The Texas traps are the strict exclusive-use rule and the three elements of an easement by necessity. Read the full guide to easements.

Encumbrances and encroachments

Snippet answer: An encumbrance is a claim or burden on property that limits use or value without blocking a sale. Encumbrances split into money liens and non-money burdens like easements, deed restrictions, and encroachments. An encroachment is a structure that crosses a boundary, found by survey.

The Texas highlight is that restrictive covenants are liberally construed, and Houston is the largest US city with no zoning. See encumbrances and encroachments.

Liens

Snippet answer: A lien is a claim that secures a debt, and a money encumbrance. Liens are sorted as voluntary or involuntary and general or specific. Priority usually follows first in time, first in right, but the Texas property tax lien is superior and jumps ahead of earlier liens.

The two Texas rules that matter most are the superior tax lien and the homestead's protection from a judgment lien. Read the full guide to liens.

Zoning and land use

Snippet answer: Zoning is a government's use of its police power to regulate land, with no payment to the owner, unlike eminent domain. In Texas, cities zone under Local Government Code Chapter 211, but counties generally cannot zone. Texas also bars taking property for private economic development.

Know the vocabulary of variances, nonconforming uses, and spot zoning, plus the Texas anti-Kelo rule. See zoning and land use.

Mineral and surface rights

Snippet answer: In Texas, the mineral estate can be severed from the surface, creating a split estate. When severed, the mineral estate is dominant. Under Altman v. Blake, it has five separable rights, and both oil and gas and groundwater follow a rule of capture.

This is the most distinctively Texas topic, tied to the accommodation doctrine and the Railroad Commission. Read the full guide to mineral and surface rights.

How to study this area

Snippet answer: Start by defining the parcel with legal descriptions and fixtures. Then learn the rights and burdens: the bundle of rights, easements, encumbrances, and liens. Finish with the public and subsurface controls: zoning and mineral rights. Drill each topic with practice questions.

A simple order works best. First, describe the land and what conveys with it. Second, layer on the rights an owner holds and the burdens others hold against it. Third, add the outside controls, from city zoning to the dominant mineral estate. Keep matching each Texas rule to its trigger, like the superior tax lien or the counties-cannot-zone rule. When you can sort any fact pattern into the right topic, test yourself in the free practice test and the app.

Original practice questions

Use these to check yourself. They span the area and are not copied from any real exam.

Question 1. Which method of legal description is not used in Texas?

  • A) Metes and bounds
  • B) Lot and block
  • C) Rectangular (government) survey
  • D) The recorded plat method

Answer: C. Texas kept its own public lands and Spanish and Mexican land grants, so it never adopted the rectangular survey system. Texas uses metes and bounds and lot and block. (Original question.)

Question 2. A first mortgage was recorded in 2020, and the current year's property taxes are unpaid. Which lien has priority in Texas?

  • A) The mortgage, because it was recorded first
  • B) The property tax lien, because it is superior
  • C) They share equally
  • D) Whichever is larger

Answer: B. In Texas, the ad valorem property tax lien is superior and takes priority over other liens, even a mortgage recorded earlier. (Original question.)

Question 3. In a Texas split estate, the mineral owner and the surface owner disagree about drilling. Whose estate is dominant?

  • A) The surface estate
  • B) The mineral estate
  • C) Neither, they are equal
  • D) The county

Answer: B. In Texas, the severed mineral estate is dominant, so the mineral owner may use the surface as reasonably necessary to produce minerals, subject to the accommodation doctrine. (Original question.)

Frequently Asked Questions

For quick answers to every common Texas exam question, see the Texas real estate exam FAQ.

What topics are covered in property characteristics and land use?

Eight topics: legal descriptions, fixtures versus personal property, the bundle of rights, easements, encumbrances and encroachments, liens, zoning and land use, and mineral and surface rights. Together they cover what a parcel is, the rights and burdens attached to it, and how its use can be limited.

How important is this area on the Texas exam?

These topics sit in the property ownership and land use control parts of the national outline. The national portion has 80 scored items, and you need 56 correct to pass it. Property and land-use concepts appear throughout, so the area is worth learning well.

What are the most Texas-specific points in this area?

Several stand out. Texas skips the rectangular survey, the fixture test comes from Logan v. Mullis, the property tax lien is superior, a homestead is protected from judgment liens, counties generally cannot zone, and the mineral estate is dominant. These are the details national study guides often miss.

What is the difference between an encumbrance and a lien?

A lien is a type of encumbrance that secures a debt, like a mortgage or a tax lien. An encumbrance is the broader category and also includes non-money burdens like easements, deed restrictions, and encroachments. All liens are encumbrances, but not all encumbrances are liens.

DRILL THE WHOLE AREA

Eight topics, one study system.

Pass Texas has topic practice for the entire property and title area, with explanations that show why each answer is right and a readiness check that tells you when you are ready. Native Texas exam prep. Original questions. No copied exam questions. Not affiliated with TREC or Pearson VUE. Not a 180-hour pre-license course or a pass guarantee.

Study the whole area in the app

Sources and Methodology

This guide was reviewed on July 21, 2026. It summarizes the property characteristics, interests, and land-use topics for the Texas sales agent exam and links to a full, separately sourced guide for each one. The exam structure, that the national portion has 80 scored items and requires 56 correct to pass, reflects the Pearson VUE Texas Real Estate Candidate Handbook and the national content outline. The Texas rules referenced in the summaries come from the Texas Property Code, the Texas Constitution, Texas case law such as Logan v. Mullis, Getty Oil Co. v. Jones, Altman v. Blake, and Edwards Aquifer Authority v. Day, the Texas Tax Code, the Texas Local Government Code, and the Texas Water Code, and each is cited in full in the linked guide for that topic. Statutes, case law, and exam materials can change, so verify the current sources before relying on any point in practice.

This post is educational content for Texas real estate sales agent candidates. It is not legal, tax, or title advice. Each topic in this area carries consequences that depend on individual facts and current law, so confirm the current Texas statutes and case law and consult a licensed professional before you rely on any point in a real transaction.