Texas SB1258 clarifies that pore space beneath land is owned by the surface estate owner unless specified otherwise.

Texas SB1258 amends the Property Code to establish 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 ownership is expressly modified, reserved, or altered by a deed, conveyance, lease, or contract. The bill also ensures that existing common law regarding the relationship between mineral and surface estates remains unaffected. If the bill receives a two-thirds vote in both houses, it takes effect immediately; otherwise, it becomes effective September 1, 2025.

Texas SB1258 clarifies that pore space beneath land is owned by the surface estate owner unless specified otherwise.

Texas SB1258 amends the Property Code to establish 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 ownership is expressly modified, reserved, or altered by a deed, conveyance, lease, or contract. The bill also ensures that existing common law regarding the relationship between mineral and surface estates remains unaffected. If the bill receives a two-thirds vote in both houses, it takes effect immediately; otherwise, it becomes effective September 1, 2025.