Question

1. The Rule of Capture is the modern doctrine which describes how one may acquire mineral ownership after extraction even though the minerals were obtained under the land of another. Does this doctrine adequately fit the needs of the both the legal profession and the industry? Should there be any changes? (address restrictions, spacing, and regulations that would be helpful)

Answer 1

In America, basically there are 2 theories, which help in deciding the ownership of the minerals extracted from self possessed land or other possessed land, under the rule of capture.

• Ownership in place theory: The landowner deserves a corporeal possessory interest i.e. fees for the minerals extracted from his land under rule of capture
• Exclusive right to take theory: This limits the possession rights of landowner, stating the land owner does not owe the substances that lie beneath his land, but he has the exclusive right to capture such substances