Legal Definitions - doctrine of capture

The doctrine of capture refers to the principle that the person who captures or takes possession of something, such as wild animals or groundwater, becomes the owner of it, regardless of its original location or ownership.

• Property: If someone captures a wild animal, they become the owner of it, even if the animal was originally on someone else's land.
• Water law: A landowner can extract and use all the groundwater beneath their land, even if it affects the water supply of neighboring landowners.
• Oil & gas: If a company drills for oil or gas on their land and it drains from under a neighboring landowner's property, there is no liability as long as all relevant laws and regulations are followed.

These examples illustrate how the doctrine of capture can apply to different areas of law and property rights. Essentially, whoever captures or extracts something first has the right to it, even if it affects others. However, many jurisdictions have limited or abolished this doctrine in certain contexts to protect the rights of other parties.