Texas Porch

Mineral rights

Surface and mineral rights can be split in Bexar County

In Texas, the owner of the minerals beneath a property may be a completely different person from the surface owner, and the mineral estate is legally dominant—meaning a mineral owner can use your surface to access what's below.

Texas law treats surface rights and mineral rights as two separate estates. When land is sold, the seller can keep—or 'sever'—the mineral rights while transferring the surface. This is common throughout Texas, including Bexar County. When you buy a home or rural land, check whether the mineral estate has already been separated from the surface.

The mineral estate is legally dominant in Texas. Even if you own the surface, a mineral rights owner has an implied legal right to use as much of your surface as needed to explore for and produce oil, gas, or other minerals. Active oil and gas drilling is more common in nearby counties, but Bexar County is not exempt.

The Texas Railroad Commission (RRC) regulates oil and gas activity across Texas, including Bexar County. Search the RRC's drilling permit records at rrc.texas.gov to find any permitted drilling near you. Before buying any Texas property, read the title commitment carefully to see whether mineral rights are included or have been severed.

Source to confirm: Railroad Commission of Texas – Oil and Gas Division

More Bexar County notes