# Rule of Capture: The Foundational Oil & Gas Property Doctrine
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> The rule of capture holds that a landowner owns the oil and gas a well on their land produces — even oil and gas that drained from beneath a neighbor. Its history from wild-animal law, how spacing and pooling tamed it, the correlative-rights limit, fracking, and what it means for mineral owners.

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## Answer
The rule of capture is the foundational property doctrine of American oil and gas law: a landowner who drills a well and produces oil or gas owns everything that well brings to the surface — including oil and gas that migrated from beneath a neighbor's land — and owes the neighbor no compensation for that drainage, so long as the well is lawful and bottomed on the owner's own tract. Frequently asked questions What is the rule of capture in simple terms? It means whoever legally produces oil or gas at the surface owns it — even if that oil or gas drained from under a neighbor's land. As long as the well is on the producer's own tract and lawfully drilled, the neighbor has no claim for the drainage. Oil and gas are treated like wild animals: no one owns them until they are captured. Does the rule of capture still apply today? Yes — it remains the background property doctrine in every U.S. oil and gas state. But it is heavily modified by conservation regulation: well-spacing rules, density limits, and pooling or unitization ensure each owner over a reservoir gets a fair share rather than a wasteful race to drill. The rule decides ownership; regulation controls how and where wells are drilled. Can my neighbor legally drain my minerals? Under the rule of capture, generally yes — a lawful well on your neighbor's land that drains oil or gas from beneath yours creates no liability. Your protections are to lease (your lessee then owes a duty to protect against drainage), to be pooled into the producing unit (so you are paid your share), or historically to drill your own offset well. How does pooling protect me from the rule of capture? Pooling combines your tract with others into a single drilling unit, and you are paid on your fractional (decimal) interest in the whole unit's production — regardless of whether the well physically sits on your tract. That converts the rule of capture's "drill or be drained" problem into a proportional share, which is why forced-pooling statutes exist in most producing states. Does the rule of capture apply to fracking? In Texas, Coastal Oil & Gas v. Garza (2008) held the rule of capture bars recovery for drainage caused by hydraulic fracturing, even where fractures cross a boundary, without deciding whether the fracture itself is a trespass. Pennsylvania (Briggs, 2020) likewise declined to create a fracking exception. The law is still developing and varies by state — consult a qualified oil and gas attorney about your jurisdiction. What is the difference between the rule of capture and correlative rights? The rule of capture answers who owns produced oil and gas (whoever captures it). The correlative-rights doctrine limits it: every owner over a common reservoir has a right to a fair opportunity to produce their equitable share and a duty not to waste the reservoir or negligently destroy a neighbor's share. Elliff v. Texon (Tex. 1948) held the rule does not protect negligent waste.

## Page Outline
- The Rule of Capture in Oil and Gas Law
  - What the rule of capture means
  - Where the rule came from: oil treated like wild animals
  - How the rule works in practice: drainage and offset wells
  - The correlative-rights limit: the rule is not absolute
  - How the states tamed the rule: spacing, pooling, and unitization
  - The rule of capture and hydraulic fracturing
  - What the rule of capture means for mineral owners
  - Related reading
  - Frequently asked questions
  - Ready to Sell Your Mineral Rights?

## Related Pages
- [The Correlative-Rights Doctrine](https://www.buckheadenergy.com/correlative-rights-doctrine)
- [Oil and Gas Law: An Overview](https://www.buckheadenergy.com/oil-and-gas-law)
- [Drilling Units, Spacing, and Your Royalties](https://www.buckheadenergy.com/resources/how-drilling-units-and-spacing-affect-your-royalties)
- [Oil & Gas Encyclopedia — all terms](https://www.buckheadenergy.com/learn)

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