RULE OF CAPTURE
rule of capture. 1. The doctrine that if the donee of a general power of appointment manifests
an intent to assume control of the property for all purposes and not just for the purpose of
appointing it to someone, the donee captures the property and the property goes to the donee’s
estate. • One common way for the donee to show an intent to assume control for all purposes is to
include provisions in his or her will blending the appointing property with the donee’s own
property. 2.Property. The principle that wild animals belong to the person who captures them,
regardless of whether they were originally on another person’s land. [Cases: Animals 2. C.J.S.
Animals §§ 4–9.] 3.Water law. The principle that a surface landowner can extract and appropriate
all the groundwater beneath the land by drilling or pumping, even if doing so drains away
groundwaters to the point of drying up springs and wells from which other landowners benefit. •
This doctrine has been widely abolished or limited by legislation. [Cases: Waters and Water
Courses 101. C.J.S. Waters §§ 193, 195–197, 201–204.] 4.Oil & gas. A fundamental principle of
oil-and-gas law holding that there is no liability for drainage of oil and gas from under the lands of
another so long as there has been no trespass and all relevant statutes and regulations have been
observed. — Also termed doctrine of capture; law of capture. Cf. AD COELUM DOCTRINE.
[Cases: Mines and Minerals 47. C.J.S. Mines and Minerals §§ 140, 142.] [Blacks Law 8th]