What is the difference between fee simple absolute and fee simple defeasible?

Fee simple absolute is the most complete ownership interest recognized in law — it has no conditions attached. Fee simple defeasible is fee simple ownership subject to a condition; if the condition is violated, the estate can revert to the grantor or pass to a third party named in the deed. The two main defeasible variants are fee simple determinable (which reverts automatically) and fee simple subject to a condition subsequent (which requires the grantor to take action to recover).

Does Texas use the federal rectangular survey system?

No. Texas was an independent republic before joining the Union and retained its existing system of Spanish and Mexican land grants, which are referenced by abstract numbers. Most Texas land is described by metes and bounds (for rural and irregular parcels) or lot and block (for subdivisions). The federal Public Land Survey System used in most other states is not used in Texas — a distinction the exam tests directly because it differs from generic national content.

What is the difference between joint tenancy and tenancy in common?

A joint tenancy with right of survivorship includes survivorship only when it is properly created by written agreement signed by all co-owners — Texas does not presume survivorship from joint ownership alone (Tex. Estates Code §111.001). When survivorship is in effect and one owner dies, that owner's share passes automatically to the surviving owner or owners. Tenancy in common has no right of survivorship; a deceased owner's share passes through that owner's estate by will or intestate succession. The Texas written-agreement requirement is the key distinction from generic common-law rules.

What is an easement appurtenant?

An easement that benefits a specific parcel of land (the dominant tenement) and burdens an adjacent parcel (the servient tenement). It runs with the land — a sale of the dominant or servient parcel transfers the easement automatically. An easement in gross, by contrast, benefits a person or entity rather than a dominant parcel, so it does not run with a benefited parcel the way an appurtenant easement does (commercial easements in gross, such as utility easements, may still be assignable).

Texas Real Estate Property Ownership & Land Use — Study Guides & Practice Questions

Texas Real Estate Property Ownership & Land Use

The property module covers the legal interests a person can hold in real estate, how those interests are described and conveyed, and the public and private restrictions on land use. The exam tests both general property concepts — estates in land, types of ownership, easements, liens — and Texas-specific topics including the way land is legally described in Texas, the homestead protections, and disclosure obligations that attach to the property itself rather than to the seller. This module is vocabulary-heavy, and most of the points lost here are lost to confusion between related-but-distinct concepts: appurtenant vs. in gross, general warranty vs. special warranty, joint tenancy vs. tenancy in common. Sharpening those distinctions in your head is half the battle; the other half is recognizing the Texas-specific overlays that change generic common-law rules.

Key Subtopics

Estates in land — fee simple absolute, fee simple defeasible, life estates, and the leasehold estates. The exam tests the duration and conditions of each estate and what happens when the estate ends or its condition is violated.
Forms of co-ownership — tenancy in common, joint tenancy with right of survivorship, and community property (Texas is a community property state). In Texas, joint tenancy with right of survivorship requires a signed written agreement under Tex. Estates Code §111.001; survivorship is not presumed.
Deeds and the chain of title — general warranty, special warranty, deed without warranty, and quitclaim. The four deed types form a hierarchy from strongest to weakest covenants, and the exam expects you to rank them and identify which one a fact pattern implies.
Easements — appurtenant vs. in gross, creation, and termination. An appurtenant easement runs with the land between dominant and servient parcels; an easement in gross benefits a person or entity rather than a parcel.
Liens — voluntary vs. involuntary, general vs. specific, and priority. Voluntary liens (like mortgages) are agreed to by the owner; involuntary liens (like tax liens or judgment liens) attach without consent. Lien priority generally follows the order of recording, with property-tax liens taking a superior position by statute.
Legal descriptions in Texas — metes and bounds, lot and block, and the original Spanish and Mexican land grants with abstract numbers. Texas does not use the federal rectangular survey system used in most other states.
Zoning, deed restrictions, and HOA covenants. Zoning is a public land-use control; deed restrictions and HOA covenants are private restrictions that run with the land.
Required disclosures — Seller's Disclosure Notice under §5.008 and lead-based paint under Title X for pre-1978 housing. The disclosure obligations attach to the property type and age, not to the seller's preferences.

Study This Cluster

Property is a vocabulary-heavy module, and the most efficient study path is to build crisp, one-sentence definitions for each concept before working scenarios. Once each term has a clear definition, the exam scenarios become exercises in matching the fact pattern to the correct term. Use the cluster articles to build the definitions, then test under timed conditions.

Survey & Legal Descriptions — why Texas does not use the federal rectangular survey, and how metes-and-bounds and lot-and-block descriptions work.
Lead-Based Paint Disclosure — the Title X disclosure required on pre-1978 housing.
Deeds and Title Transfer — the warranty hierarchy and what each deed conveys.
Homestead Exemption & Property Tax — Texas homestead protections and the property tax exemption.
Property Ownership & Land Use Practice Questions — timed practice with full explanations.

Frequently Asked Questions

What is the difference between fee simple absolute and fee simple defeasible?: Fee simple absolute is the most complete ownership interest recognized in law — it has no conditions attached. Fee simple defeasible is fee simple ownership subject to a condition; if the condition is violated, the estate can revert to the grantor or pass to a third party named in the deed. The two main defeasible variants are fee simple determinable (which reverts automatically) and fee simple subject to a condition subsequent (which requires the grantor to take action to recover).
Does Texas use the federal rectangular survey system?: No. Texas was an independent republic before joining the Union and retained its existing system of Spanish and Mexican land grants, which are referenced by abstract numbers. Most Texas land is described by metes and bounds (for rural and irregular parcels) or lot and block (for subdivisions). The federal Public Land Survey System used in most other states is not used in Texas — a distinction the exam tests directly because it differs from generic national content.
What is the difference between joint tenancy and tenancy in common?: A joint tenancy with right of survivorship includes survivorship only when it is properly created by written agreement signed by all co-owners — Texas does not presume survivorship from joint ownership alone (Tex. Estates Code §111.001). When survivorship is in effect and one owner dies, that owner's share passes automatically to the surviving owner or owners. Tenancy in common has no right of survivorship; a deceased owner's share passes through that owner's estate by will or intestate succession. The Texas written-agreement requirement is the key distinction from generic common-law rules.
What is an easement appurtenant?: An easement that benefits a specific parcel of land (the dominant tenement) and burdens an adjacent parcel (the servient tenement). It runs with the land — a sale of the dominant or servient parcel transfers the easement automatically. An easement in gross, by contrast, benefits a person or entity rather than a dominant parcel, so it does not run with a benefited parcel the way an appurtenant easement does (commercial easements in gross, such as utility easements, may still be assignable).

Bottom Line

Property is a high-volume module because so much real estate vocabulary lives in it. Candidates who memorize the estates, the co-ownership forms, the deed hierarchy, and the Texas land-description specifics will score reliably here. The Texas-specific facts — community property, the survivorship written-agreement requirement, the absence of the rectangular survey, the abstract-number land grants — are differentiators worth the time. For the full module weighting, see the Texas exam blueprint.