Definitive exam topic hub

Texas property law for the real estate exam.

Texas property-law exam questions combine national ownership and land concepts with Texas rules on conveyance, recording, homestead, community property, landlord-tenant issues, foreclosure, disclosures, and environmental obligations. Learn the property interest first, then the Texas rule that changes the outcome.

Definitive topic hub

Texas property law

Texas property-law exam questions combine national ownership and land concepts with Texas rules on conveyance, recording, homestead, community property, landlord-tenant issues, foreclosure, disclosures, and environmental obligations. Learn the property interest first, then the Texas rule that changes the outcome.

Official sources checked
Quick answer

What does Texas property law cover on the real estate exam?

Texas property law covers the rights attached to land, the ways those rights are owned, limited, transferred, and recorded, and the Texas rules that can change a general answer. Identify the property interest and document first. Then check for a Texas rule on homestead, community property, disclosures, foreclosure, landlord-tenant issues, taxes, or recording.

A repeatable exam method

Read every property-law question in five passes

Use the same order when the facts involve a fixture, deed, lien, spouse, tenant, creditor, or buyer.

  1. 01Classify the thing

    Real property, personal property, fixture, trade fixture, or an interest in land?

  2. 02Name the right

    Ownership, possession, use, access, security, or a future interest?

  3. 03Identify the document

    Deed, note, deed of trust, lease, easement, disclosure, or lien?

  4. 04Check notice and priority

    Who recorded, who had notice, and which claim is competing?

  5. 05Apply the Texas overlay

    Does homestead, marital property, disclosure, foreclosure, or another Texas rule change the result?

Core distinctions

Do not let similar words do different jobs

These are the document and interest distinctions that repeatedly decide ownership and title questions.

Property documents and interests compared
TermWhat it doesCommon exam trap
TitleThe legal concept of ownership and the rights that come with it.Title is not a piece of paper. A title search examines the record supporting an ownership claim.
DeedThe instrument used to transfer an interest in real property from grantor to grantee.A deed transfers an interest. It does not promise repayment of a loan.
Promissory noteThe borrower’s written promise to repay the debt.The note creates the personal debt. It does not transfer title to the property.
Deed of trustThe security instrument that places the property behind repayment of the note.The deed of trust secures the debt. Do not confuse it with the deed that conveyed the property.
LienA claim or charge against property that can affect title and priority.A lien is an encumbrance, not a right to possess and use another person’s land like an easement.
Texas rules that change the answer

Start with the general concept, then apply Texas law

Each summary is an exam-study cue. Open the linked statute when you need the controlling language.

Texas rule

Community property

Property possessed during or when a marriage ends is presumed community property unless separate character is proved by clear and convincing evidence.

Common trap: The name on a deed does not, by itself, settle the marital-property classification.

Read Family Code §§3.001 and 3.003
Texas rule

Homestead

Texas homestead protection limits the debts that may be secured by the homestead. Spouse-consent rules can matter even when only one spouse holds record title.

Common trap: Do not treat creditor protection, a property-tax exemption, and an appraisal limitation as the same rule.

Read Texas Constitution, Article XVI, §50; Family Code §5.001
Texas rule

Recording

Recording protects an instrument against certain later purchasers and creditors. An unrecorded instrument can still bind the parties and people with notice.

Common trap: Recording usually protects priority and notice. It is not what makes every otherwise valid deed effective between the original parties.

Read Property Code §13.001
Texas rule

Seller disclosure

Section 5.008 requires the statutory seller’s disclosure notice for covered residential transfers and also lists transfers that are exempt.

Common trap: A disclosure notice is not a warranty, a contract substitute, or a replacement for inspections.

Read Property Code §5.008
Texas rule

Nonjudicial foreclosure

A power of sale under a deed of trust must follow the notice and sale procedures in Chapter 51.

Common trap: Keep the note, deed of trust, default notice, notice of sale, and foreclosure sale in their correct sequence.

Read Property Code §51.002
Worked example

The deed shows one spouse. The home is the family homestead.

A married owner plans to convey a home used as the family homestead. Only that owner is named on the deed. Is the name on the deed enough to decide who must sign the conveyance?

1

Do not stop at record title. Classify the property and identify its homestead status.

2

Apply the Texas overlay. Family Code §5.001 generally requires the other spouse to join in a conveyance of homestead property.

3

Choose the answer that follows the status. The question is testing spouse consent and homestead, not merely the name printed on the earlier deed.

Verify the rule in Texas Family Code Chapter 5
Visual learning path

Follow the concept in exam order

Move from orientation to application. Each step assumes the one before it.

  1. 01Classify property and interests

    Start with real versus personal property, fixtures, legal descriptions, and land-use controls.

  2. 02Master ownership and title

    Study estates, co-ownership, deeds, recording, liens, and title insurance.

  3. 03Apply disclosures

    Separate material facts, statutory notice, environmental issues, and federal disclosures.

  4. 04Add Texas-specific rules

    Finish with homestead, community property, landlord-tenant, foreclosure, taxes, and DTPA.

Primary sources

Verify the rule at its source

These official materials govern the topic. Pass Texas pages explain exam application; official sources control real licensing and transactions.

Topic-by-topic coverage

The complete subject map

Use the owner page for orientation, then open the narrow lesson that matches the concept you need to repair.

Supporting article library

38 articles assigned to this hub

Every indexable Pass Texas article belongs to one strategic hub and links back to it.

CERCLA and Superfund Basics for the Texas ExamLearn CERCLA, Superfund, SARA, PRPs, liability, petroleum exclusions, brownfields, and what Phase I and Phase II assessments really do.12 min readEnvironmental Hazards for the Texas Real Estate ExamMaster lead, asbestos, radon, mold, groundwater, underground tanks, brownfields, flood risk, federal laws, site assessments, and wetlands.14 min readLead-Based Paint Disclosure for the Texas ExamThe federal lead-based paint disclosure rule for the Texas exam: the pre-1978 trigger, the four required steps, the 10-day rule, and who is liable.12 min readMaterial Facts, Latent Defects, and Stigmatized PropertyKnow the Texas rules for material facts, hidden defects, seller notices, license-holder duties, deaths, HIV or AIDS, and the sex offender registry.9 min readTexas Real Estate Exam Special Topics: All 11 State-Law SubjectsStudy all 11 Texas Special Topics exam subjects with current rules, memory cues, common traps, worked scenarios, and a focused practice checkpoint.10 min readAdverse Possession in Texas: The Real Estate Exam GuideAdverse possession for the Texas exam: the 3, 5, 10, and 25-year ladder, the 160-acre cap, the cotenant-heir route, and public-land protections.11 min readThe Bundle of Rights in Texas: Exam GuideThe bundle of rights for the Texas exam: land vs real estate vs real property, the five ownership sticks, appurtenances, and mineral rights.15 min readChain of Title and Marketable Title in Texas: Exam GuideChain of title, abstracts, and marketable title for the Texas exam: what makes title marketable, what a cloud is, and how Texas clears title disputes.10 min readDeeds and Transfer of Title in Texas: The Exam GuideHow title transfers in Texas: the four deed types, general vs special warranty covenants, why a quitclaim is weakest, and what recording actually protects.15 min readProperty Disclosures and Environmental Issues: Texas Exam GuideMaster all 9 national exam items on property disclosures, environmental hazards, federal laws, site assessments, and disclosure liability.11 min readEasements in Texas: The Real Estate Exam GuideEasements for the Texas exam: appurtenant vs in gross, how easements are created, the 10-year prescriptive rule, necessity, estoppel, and termination.16 min readEncumbrances and Encroachments: Texas Exam GuideEncumbrances and encroachments for the Texas exam: liens vs use restrictions, deed restrictions and CC&Rs, encroachments, and marketable title.14 min readEstates and Tenancies in Texas: The Exam GuideFreehold and leasehold estates for the Texas exam: fee simple, life estates, four tenancies, gross, net, and percentage leases, and Texas homestead rights.15 min readFixtures vs Personal Property in Texas: Exam GuideFixtures vs personal property for the Texas exam: the Logan v. Mullis three-part test, trade fixtures, emblements, and what the TREC contract conveys.18 min readJoint Tenancy vs Tenancy in Common in Texas: Exam GuideTexas co-ownership exam guide: tenancy in common, national joint-tenancy doctrine, written survivorship agreements, community property, and severance.11 min readTexas Legal Descriptions: Metes and Bounds Exam GuideLearn metes and bounds, lot and block, Texas original surveys, monument priority, and section-acreage math with clear examples and practice questions.18 min readMineral and Surface Rights in Texas: Exam GuideMineral and surface rights for the Texas exam: the split estate, the dominant mineral estate, the five mineral rights, rule of capture, and groundwater.12 min readForms of Ownership, Transfer, and Recording of Title: Texas Exam GuideMaster all 9 scored Ownership and Title items on the national portion of the Texas sales agent exam, from estates and liens to deeds, recording, and title insurance.11 min readReal Property Characteristics: Texas Real Estate Exam GuideStudy the 11-item Property Characteristics area: fixtures, land characteristics, legal descriptions, surveys, government powers, and private controls.16 min readLiens in Texas Real Estate: The Exam GuideLiens for the Texas exam: general vs specific, voluntary vs involuntary, lien priority, the superior tax lien, and the homestead judgment-lien rule.12 min readTitle Insurance in Texas: The Real Estate Exam GuideTexas title insurance for the exam: owner's vs loan policy, the March 2026 rate change, simultaneous issue, commitments, coverage, and closing.10 min readVoluntary vs Involuntary Alienation in Texas: Exam GuideVoluntary vs involuntary alienation for the Texas exam: deed, will, and dedication versus descent, escheat, eminent domain, foreclosure, and tax sale.14 min readZoning and Land Use in Texas: Exam GuideTexas zoning and land-use exam guide: police power vs eminent domain, variances, nonconforming uses, county limits, and current 2025 laws.17 min readTexas Homestead Exemption 2026: Amounts and Appraisal CapThe 2026 Texas homestead exemption is $140,000, plus $60,000 more for over-65 or disabled, and a 10% appraisal cap. What the exam tests, and what to verify.8 min readThe Deceptive Trade Practices Act (DTPA) for Texas Real Estate CandidatesHow the Texas DTPA appears on the real estate exam: consumer status, false or misleading acts, failure to disclose, unconscionable conduct, and damages.30 min readEquitable Interest and Equitable Title Explained for the Texas Real Estate ExamStudy equitable interest and equitable title for Texas real estate exam contracts, closing, possession, recording, and sample questions.32 minHomeowners and Property Owners Associations in Texas for the Exam: HOA/POA Authority, Disclosures, Resale Certificates, and AssessmentsStudy homeowners and property owners associations in Texas: POA authority, resale certificates, disclosures, fees, assessments, and exam traps.34 minMechanic's and Materialman's Liens in Texas for the Exam: How Liens Arise, Priority, Deadlines, and DistractorsStudy mechanic's and materialman's liens in Texas: who can claim, how liens arise, priority, deadlines, homestead traps, and exam distractors.31 minRecording Fees, Transfer-Tax Math, and Texas Caveats for the Real Estate ExamRecording-fee and transfer-tax math for the Texas exam: per-unit rates, recording fees, seller and buyer debit logic, and the Texas no-transfer-tax caveat.23 min readRecording Statutes and Notice in Texas for the Exam: Actual Notice, Constructive Notice, Priority, and Marketable TitleStudy recording statutes and notice in Texas: actual notice, constructive notice, priority, recording, chain of title, and marketable title.29 min readTexas Community Property and Marital Property: Real Estate Exam GuideTexas community and marital property for the real estate exam: separate property, the community presumption, spouse signatures, homestead, and conveyance.24 min readTexas Foreclosure and Short Sales for the Exam: Notices, Timelines, Deficiency, and Short-Sale BasicsStudy Texas foreclosure and short sales for the exam: non-judicial foreclosure, notice timing, trustee sales, deficiency concepts, and short-sale basics.34 min readTexas Homestead Protections and Tax Exemptions: Real Estate Exam GuideTexas homestead protections and tax exemptions for the exam: creditor protection, school tax exemptions, appraisal traps, and spouse-signature issues.27 min readTexas Landlord-Tenant Law for the Exam: Deposits, Liens, Notices, and Leasing TrapsStudy Texas landlord-tenant law for the exam: security deposits, landlord liens, notices, tenant rights, and leasing traps.27 min readTexas Property Taxes, Exemptions, and Special Assessments for the Real Estate ExamTexas property taxes for the exam: the $140,000 homestead exemption, appraisal protests, the Jan. 1 tax lien, redemption, special assessments, and closing traps.42 min readTexas Water Rights and Seller Disclosure of Water Service for the Real Estate ExamStudy Texas water rights and seller disclosure of water service: surface water, groundwater, wells, CCNs, MUDs, and notice traps.35 minVeterans Land Board Programs in Texas for the Exam: VLB Land Loans, Home Loans, and State-Specific TrapsStudy Veterans Land Board programs in Texas: VLB land loans, home loans, home improvement basics, eligibility, and exam traps.28 min readWills, Estates, Probate, and Intestate Succession in Texas: Real Estate Exam GuideLearn Texas wills, estates, probate, and intestate succession for the real estate exam, including death transfers and ownership traps.34 min read
Calculators

Inspect the setup, not just the answer

These tools expose the formula and intermediate steps so the method transfers to exam questions.

Clear next actions

Leave this hub with a concrete move

  1. 1Start with the ownership mapBuild the national foundation before Texas exceptions.Open resource →
  2. 2Read the controlling codeUse primary law for real transactions, not exam summaries.Official source ↗
  3. 3Practice Texas distinctionsFinish with Texas-specific fact patterns.Open resource →