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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
