TX Real Estate study materials
TX Real Estate study resources

TX Real Estate: Real Property Ownership, Interests, and Encumbrances

TX Real Estate · Work through your exam, one topic at a time.

All guide sections

Real Property Ownership, Interests, and Encumbrances

Estates and ownership forms

Fee simple absolute is the most complete ownership; lesser freeholds (life estate, fee simple determinable) limit use or duration. Co-ownership in Texas comes in three main flavors: tenancy in common (no survivorship, unequal shares allowed), joint tenancy with right of survivorship (must be created expressly in writing), and community property, because Texas is a community property state. Property acquired during marriage through labor or earnings is community; property owned before marriage or received by gift or inheritance is separate.

Interests and encumbrances

  • An easement appurtenant benefits a neighboring parcel and transfers with it; an easement in gross benefits a person or entity, like a utility.
  • A prescriptive easement requires open, notorious, adverse, continuous use, generally about ten years in Texas. Adverse possession statutes range from 3 to 25 years depending on the claim.
  • Liens include the property tax lien, mechanic's lien, judgment lien, and deed of trust lien.
  • Deed restrictions and CC&Rs run with the land; zoning is a police-power regulation, not an encumbrance.

Texas traits worth memorizing

Texas operates in practice as a lien-theory state: the borrower keeps title and the lender holds a deed of trust, foreclosed non-judicially by a trustee. Homestead protection is constitutional and strong. Mineral estates can be severed from the surface, and the mineral owner holds the dominant estate.

Traps

Questions love to mislabel an easement as a lien, or zoning as an encumbrance. A life tenant may not commit waste, and a remainder interest is a future interest, not a present right to possess.

Worked example

A recorded driveway easement benefiting Lot B across Lot A transfers automatically when Lot B is sold, even though the deed to Lot B never mentions it.