Rule of Capture

September 9, 2011

That rule of capture gives a mineral rights owner title to the oil and gas produced from a lawful well bottomed on the property, even if the oil and gas flowed to the well from beneath another owner’s tract. The rule of capture is a cornerstone of the oil and gas industry and is fundamental both to property rights and to state regulation.


Contact Information

Douglas C. Kittelson

Attorney and Counselor at Law

6116 N. Central Expressway, Suite 1201

Dallas, Texas 75206

(214) 739-2700


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"HBP" means held by production. This is in reference to a provision in an oil & gas lease that extends the lease indefinitely past the primary term so long as there is production in paying quantities.