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the few geishas nature of oil and gas means that you can drill a well on one property and end up producing oil and gas that was previously under neighbors property and vice-versa the rule capture was not a new concept because rule capture principles were already in use under English common law for migrating resources such as groundwater and wild animals in the early days of the industry the race to produce led to the drilling of an outrageously excessive number of wells to accelerate production most conservation laws were in place prior to the advent of horizontal drilling which has become widespread in areas with unconventional resource development such as production from shale and other tight rock and there are some areas where certain types of operations are banned such as hydraulic fracturing which prevents development of unconventional resources however you lose ownership of any portion that subsequently migrates off your property and you can gain ownership of any additional oil and gas that migrates on to your property ownership of land includes a variety of rights that are often referred to as a bundle of sticks in law courses each right or stick has different characteristics and uses these estates can be split or severed and it's very common for a property in a minerals prone area to have had those estates severed this right to lease is also referred to as the executive right and there's the right to receive lease benefits including bonus royalty and delay rentals we normally think of a property lease as someone paying to use a property for a defined period of time and then surrendering the property in good condition at the end of the lease in contrast an oil and gas lease conveys the right to permanently deplete minerals for the property and to keep and sell a portion of the minerals produced thus the law presumes that use of the surface was implied when the estate was split because otherwise it would have been a pointless exercise to split the estate and get eol versus Jones getting oil drilled to Wells on acreage farm by the surface owner Jones the states in yellow territory were formed from land that either was or still is in the u.s. public domain and these are referred to as federal land States or public domain states for example the shaded piece of land shown can be identified with the simple description shown it is the southwest quarter of the southeast quarter of the southwest quarter of section 20 in Township two South Range three west over time the US government granted or sold about 70 percent of a public domain land the map shows locations of those conveyed lands and white in public domain states it's common to find state trust lands mixed in with both federal and private acreage for example here's a map of land in northwestern New Mexico in an area where the state still retains the four sections...