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Simple English definitions for legal terms
law of capture
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A quick definition of law of capture:
The law of capture is a rule that says if you catch something, it belongs to you. This can apply to wild animals, groundwater, and oil and gas. For example, if you drill a well and pump out oil from under your land, you don't have to pay the owner of the land next to you for the oil that you took. However, some laws have been made to limit this rule because it can cause problems for other people who rely on the same resources.
A more thorough explanation:
The law of capture refers to several legal principles that determine ownership of property, including:
- Rule of Capture: The principle that a person who captures a wild animal, regardless of where it was originally located, becomes the owner of that animal.
- Water Law: The principle that a landowner has the right to extract and use all the groundwater beneath their land, even if it affects the water supply of neighboring landowners.
- Oil and Gas Law: The principle that a person who drills or pumps oil or gas from beneath their land has the right to keep that oil or gas, even if it was originally located under someone else's land.
For example, if a hunter captures a deer on someone else's property, the hunter becomes the owner of the deer under the rule of capture. Similarly, if a landowner drills a well and extracts groundwater, they have the right to use that water even if it affects the water supply of their neighbors. And if an oil company drills a well and extracts oil or gas from beneath a neighboring landowner's property, they are not liable for any drainage as long as they have followed all relevant laws and regulations.