Texas HB2762 clarifies that the ownership of pore space underlying land is vested in the surface estate owner unless otherwise specified.

Texas HB2762 amends the Property Code to clarify that the ownership of pore space, defined as geologic structures below the surface including voids and cavities, is vested in the owner of the surface estate. This rule applies unless the pore space ownership is expressly modified, reserved, or altered by a deed, conveyance, lease, or contract. The Act does not change existing common law regarding the relationship between mineral and surface estates. If the bill receives a two-thirds vote in both houses, it takes effect immediately; otherwise, it becomes effective September 1, 2025.

Texas HB2762 clarifies that the ownership of pore space underlying land is vested in the surface estate owner unless otherwise specified.

Texas HB2762 amends the Property Code to clarify that the ownership of pore space, defined as geologic structures below the surface including voids and cavities, is vested in the owner of the surface estate. This rule applies unless the pore space ownership is expressly modified, reserved, or altered by a deed, conveyance, lease, or contract. The Act does not change existing common law regarding the relationship between mineral and surface estates. If the bill receives a two-thirds vote in both houses, it takes effect immediately; otherwise, it becomes effective September 1, 2025.