To become board certified, the attorney must pass an examination in farm and ranch real estate law. The essay questions related to "Farm and Ranch Real Estate Law" include "the nature and extent of real estate ownership interests, surface and mineral estate leases, and other issues in acquisition of large parcels of land such as easements, water rights, and ad valorem taxation."
According to the TBLS Exam Specifications, the topics on the examination also include:
- Farm and Ranch Estate taxation and planning
- Adverse Possession – elements, required holding periods, defenses
- Boundary disputes
- ETJ, voluntary annexation, Development Agreements and other land use controls by counties, cities, and special purpose districts, including subdivision of farm and ranch property
- Easements (express and implied), Rights-of-Way and Easements by Necessity and Prescription
- Leases of Surface Estate (including Grazing Leases, Hunting Leases)
- Liability of ranchers arising from operations and ownership of livestock
- Nature, extent, quantity and quality of owner’s estate or interest in real estate
- Oil and gas rights and development, including relative tights of surface estate owners vs. mineral estateowners (including lessees)
- Section 1031 exchanges
- State and federal laws and regulations affecting farm and ranch property including Environmental laws(CERCLA, etc.)
- Strips and gores
- Surveying and boundary law and evidence
- Texas Right to Farm Statute
- Water Rights (surface owners’ rights generally, rights to ground water, sale of water rights, conflicts between the state/public and owners of surface water rights and ground water)
- Wind leases
- Agricultural and open space ad valorem taxation and roll-back issues
- homestead law
- lien rights
