200+ Free TX Real Estate Law Specialist Practice Questions

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2026 Statistics

Key Facts: TX Real Estate Law Specialist Exam

350

Scaled passing score (TBLS)

Texas Board of Legal Specialization

~100 MCQ + essays

Exam format (multiple-choice portion plus 3-hour essay)

Texas Board of Legal Specialization

21 days

Notice of sale before non-judicial foreclosure

Texas Property Code Section 51.002

5 rights

Mineral estate bundle (develop, lease, bonus, delay rentals, royalty)

Texas oil and gas law

10 / 200 acres

Urban vs. rural family homestead size cap

Texas Property Code Section 41.002

100+

Free practice questions here

OpenExamPrep question bank

Texas Board Certified - Real Estate Law (TBLS) certifies attorneys with substantial Texas real property experience; TBLS offers Commercial, Residential, and Farm and Ranch subspecialties sharing a common core. The roughly six-hour written exam combines a three-hour essay portion with about 100 multiple-choice questions, with a 350 scaled passing score and application/exam fees set by TBLS. Tested law includes deed types and Section 5.023 implied covenants, the notice recording act (Section 13.001), non-judicial foreclosure under Section 51.002 (20-day cure, 21-day notice, first-Tuesday sale) and deficiency offsets (Sections 51.003-51.005), home equity Section 50(a)(6) and Rule 736, residential tenancies (Chapter 92) and commercial leases (Chapters 91, 93, 54), homestead (Article XVI Section 50; Property Code Chapter 41), and Texas oil and gas law (the dominant mineral estate, the five mineral rights, the rule of capture, the accommodation doctrine in Getty Oil v. Jones and Coyote Lake Ranch v. City of Lubbock, royalty vs. NPRI, pooling, and Lightning Oil v. Anadarko).

Sample TX Real Estate Law Specialist Practice Questions

Try these sample questions to test your TX Real Estate Law Specialist exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 200+ question experience with AI tutoring.

1A grantor conveys Texas land using a deed that states the grantor 'grants, sells, and conveys' the property but contains no express warranty language. Under Texas law, what type of warranty does this deed convey?

A.An implied covenant against the grantor's own acts only (the words 'grant' and 'convey' imply limited covenants)

B.A full general warranty of title against all prior claims

C.No warranty whatsoever, making it a pure quitclaim

D.A statutory special warranty equal to a general warranty

Explanation: Under Texas Property Code Section 5.023, the words 'grant' or 'convey' in a deed imply two limited covenants unless restrained by express terms: that the grantor has not previously conveyed the estate and that the estate is free from encumbrances made by the grantor. This is narrower than a general warranty and covers only the grantor's own acts.

2A seller delivers a Texas general warranty deed to a buyer. Years later a title defect arising before the seller owned the land surfaces and a third party evicts the buyer. Which covenant in a general warranty deed most directly protects the buyer here?

A.The covenant of further assurances only

B.The covenant of quiet enjoyment and general warranty, which warrants title against all persons whomsoever

C.The implied covenant of good faith and fair dealing

D.No covenant, because warranty deeds protect only against the grantor's own acts

Explanation: A Texas general warranty deed warrants and forever defends title against the claims of all persons whomsoever, including defects that predate the grantor's ownership. The covenant of general warranty/quiet enjoyment is breached by a lawful eviction or paramount-title claim, allowing the grantee to recover from the warrantor.

3A commercial seller wants to convey Texas property but warrant title only against claims arising during its own period of ownership, not against defects created by prior owners. Which instrument accomplishes this?

A.A general warranty deed

B.A deed without warranty

C.A special warranty deed

D.A quitclaim deed

Explanation: A special warranty deed warrants title only against claims 'by, through, or under' the grantor, limiting the warranty to defects created during the grantor's ownership. It is common in commercial and institutional sales (and REO/foreclosure resales) where the seller will not stand behind prior owners' acts.

4In Texas, what is the essential legal effect of a quitclaim deed on the grantee's status as a subsequent purchaser?

A.It conveys after-acquired title automatically to the grantee

B.It carries the same implied covenants as a deed using 'grant and convey'

C.It is void unless it recites consideration of at least $10

D.It conveys only whatever interest the grantor has, if any, and a quitclaim grantee generally cannot claim bona fide purchaser status

Explanation: A Texas quitclaim deed transfers only the grantor's present interest, if any, and makes no warranty. Texas courts treat a quitclaim as notice of possible title problems, so a quitclaim grantee is generally not entitled to bona fide purchaser protection against unrecorded prior claims.

5Which combination of elements is required for a valid deed to convey Texas real property?

A.A competent grantor, identified grantee, words of grant, a sufficient property description, and delivery to the grantee

B.Notarization, recording, and payment of a transfer tax

C.Consideration of fair market value and a survey attached

D.Witnesses, a title policy, and county approval

Explanation: A valid Texas deed requires a grantor with capacity, an identifiable grantee, operative words of grant, a legally sufficient description of the property, the grantor's signature, and delivery with intent to convey. Acknowledgment and recording are needed for recording and constructive notice but are not required for validity between the parties.

6A Texas deed describes the property only as 'my farm in Hill County.' A dispute arises over whether the description is legally sufficient. What is the controlling Texas rule on legal descriptions in deeds?

A.Any reference to the county is sufficient because the county clerk can locate the land

B.The description must furnish, within the writing itself or by reference to another writing, the means or data to identify the land with reasonable certainty

C.Only a metes-and-bounds description is ever sufficient

D.A street address is always sufficient even without a recorded plat

Explanation: Under the Texas statute of frauds and case law (e.g., Morrow v. Shotwell), a deed's description must furnish within the writing, or by reference to another writing, the means or data to identify the property with reasonable certainty. 'My farm in Hill County' can satisfy this if the grantor owns only one such farm, but a bare county reference to an unspecified tract fails.

7Spouses acquire a home during marriage in Texas with community funds. Title is taken in the husband's name alone. To sell the property, what is required regarding the non-titled spouse?

A.Only the titled spouse must sign because title is in his name

B.The non-titled spouse has no interest and need not be involved

C.If the property is the homestead, both spouses must join in the conveyance regardless of how title is held

D.The buyer must obtain a court order to clear the spouse's interest

Explanation: Under Texas Property Code Section 5.001 and the Family Code, a conveyance of homestead property requires the joinder of both spouses; a deed signed by only one spouse to homestead is generally void as to the homestead. Community-property and homestead joinder rules protect the family home independent of record title.

8A grantor signs and acknowledges a deed but keeps it in a safe, telling no one. The grantor dies and the deed is later found. Did title pass to the named grantee?

A.Yes, because the deed was signed and acknowledged

B.Yes, because the grantee was named in the deed

C.Only if the deed had been recorded before death

D.No, because there was no delivery showing present intent to convey

Explanation: Delivery requires the grantor's present intent to make the deed operative and to part with control. Merely signing, acknowledging, and retaining a deed in a safe with no intent to deliver does not transfer title; the deed is ineffective for lack of delivery.

9Two unmarried persons take title to Texas land 'as joint tenants with right of survivorship.' Under Texas law, what is required to create a valid right of survivorship?

A.A written agreement signed by the owners expressly creating the right of survivorship

B.Nothing beyond the words 'joint tenants' in the deed

C.A court order partitioning the property

D.Recording the deed within 30 days of execution

Explanation: Texas abolished common-law survivorship between joint tenants; under Estates Code Section 111.001, a right of survivorship in non-spouse co-owners must be created by a written agreement signed by the owners. Merely labeling the grant 'joint tenancy' without the statutory survivorship agreement does not create survivorship rights.

10A Texas deed reserves a life estate in the grantor and conveys the remainder to the grantor's child. During the life estate, what is the life tenant's core duty toward the remainderman?

A.To convey fee simple title to the remainderman on demand

B.To avoid waste and preserve the property, paying ordinary carrying costs such as interest and taxes

C.To pay the full mortgage principal so the remainderman takes free of liens

D.To obtain the remainderman's consent before occupying the property

Explanation: A life tenant in Texas holds a present possessory estate but must not commit waste that injures the remainder interest, and is responsible for ordinary carrying charges like property taxes and mortgage interest. The remainderman holds a future interest that vests in possession at the life tenant's death.

About the TX Real Estate Law Specialist Exam

The Texas Board Certified - Real Estate Law examination is administered by the Texas Board of Legal Specialization (TBLS) to attorneys with substantial experience in Texas real property law who seek the Board Certified designation. TBLS offers real estate certification with Commercial, Residential, and Farm and Ranch subspecialties that share a common real estate core, and this practice set covers that shared core: conveyances and deeds under the Texas Property Code, title examination and curative work, financing and non-judicial foreclosure under Property Code Section 51.002, commercial and residential leases, oil/gas/mineral interests, and land use, closings, and contracts. The written exam is approximately six hours and combines a three-hour essay portion with a multiple-choice portion; the passing standard is a 350 scaled score.

Questions

100 scored questions

Time Limit

Approximately 6 hours (3-hour essay portion plus multiple-choice portion)

Passing Score

350 (scaled)

Exam Fee

Application and exam fees set by TBLS (confirm on tbls.org) (Texas Board of Legal Specialization (TBLS))

TX Real Estate Law Specialist Exam Content Outline

18%

Conveyances, Deeds & Texas Property Code

General vs. special warranty deeds, deed without warranty and quitclaim, Section 5.023 implied covenants from 'grant/convey', delivery and the requirements of a valid deed, sufficient legal descriptions (Morrow v. Shotwell), homestead and spousal joinder (Section 5.001), estates in land (life estates, defeasible fees, remainders), after-acquired title/estoppel by deed, co-ownership and survivorship (Estates Code Sections 111.001, 112), and transfer on death deeds (Estates Code Chapter 114)

16%

Title Examination & Curative

Chain of title and gaps, Texas notice recording act (Property Code Section 13.001) and bona fide purchaser protection, constructive notice (Section 13.002), abstracts of judgment and judgment liens (Chapter 52), correction instruments for material and nonmaterial errors (Sections 5.027-5.031), affidavits of heirship, adverse possession limitations (CPRC Chapter 16: 3/5/10/25 year), title commitments with Schedule B exceptions and Schedule C requirements, mineral and survey exceptions, federal tax liens, and acknowledgment/recordability

16%

Financing, Deeds of Trust & Foreclosure

Deed of trust structure and the trustee's power of sale, non-judicial foreclosure under Section 51.002 (20-day cure notice, 21-day notice of sale, first-Tuesday-of-month public auction between 10 a.m. and 4 p.m., the conspicuous military-rights statement), deficiency judgments and fair-market-value offsets (Sections 51.003-51.005), lien priority and junior-lien extinguishment, surplus proceeds, home equity Section 50(a)(6) and Rule 736 court-ordered foreclosure, purchase-money and constitutional homestead lien exceptions, mechanic's and materialman's liens (Chapter 53), contracts for deed (Subchapter D), assignment of rents (Chapter 64), and lien limitations (CPRC Section 16.035)

16%

Leases (Commercial & Residential)

Residential tenancies under Chapter 92: security deposits (30-day return; Section 92.109 treble-damage penalty), the landlord's repair duty and repair-and-deduct (Sections 92.052-92.0563), retaliation (Section 92.331), and security devices (Subchapter D); commercial leases: lockouts (Section 93.002), the landlord's lien (Chapter 54), the non-waivable duty to mitigate (Section 91.006), assignment and subletting consent standards, triple net leases, and SNDAs; holdover and periodic tenancies (Section 91.001); and eviction/forcible detainer (Chapter 24; Section 24.005 notice to vacate)

18%

Oil, Gas & Mineral Interests

Severance of the mineral estate and the dominant/servient relationship, the five mineral rights (develop, lease/executive, bonus, delay rentals, royalty), the rule of capture and correlative rights, the accommodation doctrine (Getty Oil v. Jones; Coyote Lake Ranch v. City of Lubbock), royalty vs. nonparticipating royalty interests, executive-right duty of utmost good faith, the oil and gas lease habendum and shut-in royalty clauses, implied covenants and the reasonably prudent operator standard, pooling and unitization, the surface destruction test (Acker v. Guinn; Reed v. Wylie), groundwater rights (Edwards Aquifer Authority v. Day), subsurface trespass (Lightning Oil v. Anadarko), and Railroad Commission regulation

16%

Land Use, Closings & Contracts

TREC One to Four Family Residential Contract (option fee and earnest money, termination option), the statute of frauds for sales and broker commissions, specific performance, TRID Loan Estimate and Closing Disclosure, escrow/good-funds closings, easements (express, appurtenant, by necessity, prescriptive), restrictive covenants and running with the land (Chapter 202), property owners' associations (Chapter 209) and condominiums (Chapter 82), municipal zoning (LGC Chapter 211) and limited county authority, eminent domain (Property Code Chapter 21; Texas Constitution Article I Section 17), homestead size and exceptions (Property Code Chapter 41; Article XVI Section 50), and DTPA/nondisclosure claims

How to Pass the TX Real Estate Law Specialist Exam

What You Need to Know

Passing score: 350 (scaled)
Exam length: 100 questions
Time limit: Approximately 6 hours (3-hour essay portion plus multiple-choice portion)
Exam fee: Application and exam fees set by TBLS (confirm on tbls.org)

Keys to Passing

Complete 500+ practice questions
Score 80%+ consistently before scheduling
Focus on highest-weighted sections
Use our AI tutor for tough concepts

TX Real Estate Law Specialist Study Tips from Top Performers

1Memorize the Section 51.002 foreclosure timeline cold: the 20-day notice of default and cure period for a residence, the 21-day notice of sale (filed, posted, and mailed), and the first-Tuesday-of-the-month public auction between 10 a.m. and 4 p.m. at the county courthouse, with the conspicuous military-rights statement. Multiple-choice questions reward precise day counts and the order of steps

2Drill the deed hierarchy: general warranty (warrants against all claims), special warranty (claims by, through, or under the grantor), deed without warranty, and quitclaim (and why a quitclaim grantee is generally not a bona fide purchaser). Know the Section 5.023 implied covenants triggered by the words 'grant' or 'convey'

3Master Texas oil and gas fundamentals because this exam tests them heavily: the dominant mineral estate, the five mineral rights, the rule of capture and correlative rights, royalty versus nonparticipating royalty, the executive-right duty of utmost good faith, pooling, the habendum and shut-in royalty clauses, and the accommodation doctrine (Getty Oil v. Jones; Coyote Lake Ranch)

4Know the homestead rules: urban 10 acres versus rural 200 acres (family) or 100 acres (single adult), the urban/rural classification test, that value is unlimited but size is capped, and the constitutional list of debts that can be enforced against a homestead under Article XVI, Section 50 (purchase money, taxes, home improvement, home equity, reverse mortgage, owelty, refinance)

5Separate the residential and commercial lease regimes: Chapter 92 governs residential tenancies (security deposit 30-day return and Section 92.109 treble penalty, repair-and-deduct, retaliation, security devices) while Chapters 91, 93, and 54 govern commercial leases (lockouts, landlord's lien, the non-waivable duty to mitigate under Section 91.006). Watch for questions that apply the wrong chapter to the wrong tenancy

6For curative work, practice spotting gaps in the chain of title and matching the right tool: correction instruments (Sections 5.027-5.031) for scrivener's errors, affidavits of heirship for intestate links, releases of paid liens as Schedule C requirements, and suits to quiet title or trespass to try title for serious clouds. Know that Texas is a notice recording state under Section 13.001

Frequently Asked Questions

What is the Texas Board Certified - Real Estate Law certification?

It is a specialty certification issued by the Texas Board of Legal Specialization (TBLS) recognizing attorneys with substantial expertise in Texas real property law. TBLS offers real estate certification with Commercial, Residential, and Farm and Ranch subspecialties that share a common real estate core. Certified attorneys may hold themselves out as Board Certified in real estate law and must meet ongoing requirements to maintain certification.

How is the TBLS real estate law exam structured?

The exam is an approximately six-hour written examination that combines a three-hour essay portion with a multiple-choice portion of roughly 100 questions. The passing standard is a 350 scaled score. Application and exam fees are set by TBLS, so candidates should confirm current amounts on tbls.org.

How does non-judicial foreclosure work under Texas Property Code Section 51.002?

For a debt secured by the debtor's residence, the mortgage servicer must first serve a notice of default by certified mail giving at least 20 days to cure. If the default is not cured, a notice of sale must be filed with the county clerk, posted at the courthouse, and mailed to the debtor at least 21 calendar days before the sale. The foreclosure is a public auction held on the first Tuesday of the month between 10 a.m. and 4 p.m. at the county courthouse, beginning within three hours of the time stated. The notice to the debtor must contain a conspicuous boldface or underlined statement about the rights of active-duty servicemembers.

What are the five rights of the Texas mineral estate?

Texas recognizes five severable mineral-estate rights: (1) the right to develop (with the implied right to reasonable surface use); (2) the executive right to lease; (3) the right to receive bonus payments; (4) the right to receive delay rentals; and (5) the right to receive royalty. These rights can be conveyed or reserved separately, which is why mineral and royalty interests must be carefully distinguished.

What is the Texas rule of capture in oil and gas law?

Under the rule of capture, a landowner who drills a lawful, non-negligent well owns the oil and gas produced at the wellhead, even if some of it migrated from beneath a neighbor's land through natural subsurface drainage. The neighbor's remedy is to drill an offset well to protect its correlative rights, not to sue for the drained hydrocarbons, absent waste or negligence. Texas applies a parallel rule of capture to groundwater, subject to Groundwater Conservation District regulation, while recognizing ownership of groundwater in place under Edwards Aquifer Authority v. Day.

How much of a Texas homestead is protected from forced sale?

Under Article XVI, Section 50 of the Texas Constitution and Property Code Section 41.002, an urban homestead is limited to 10 acres (in one or more contiguous lots), while a rural homestead may be up to 200 acres for a family or 100 acres for a single adult, in one or more parcels that need not be contiguous. There is no limit on value, only on size. The homestead is protected from forced sale except for enumerated debts such as purchase money, taxes, owelty of partition, refinance of permitted liens, properly contracted home improvement loans, home equity loans, and reverse mortgages.

What is the accommodation doctrine and which cases govern it?

Although the mineral estate is dominant in Texas, the accommodation doctrine requires the mineral owner to accommodate an existing surface use when (1) the mineral owner's use substantially impairs an existing surface use, (2) the surface owner has no reasonable alternative to continue that use, and (3) the mineral owner has a reasonable, industry-accepted alternative method to develop the minerals. The doctrine originated in Getty Oil Co. v. Jones and was extended to severed groundwater estates in Coyote Lake Ranch, LLC v. City of Lubbock (2016).

200+ Free TX Real Estate Law Specialist Practice Questions

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