Texas Wesleyan Law Review
The search for oil and gas involves tremendous expense and, traditionally, a vast element of chance. Because of these factors, Texas follows the rule of capture. Under the rule of capture, the one who captures fugitive oil and gas and brings it to the surface owns it. However, problems can arise where mineral interests are undivided or there are prior reservations that fractionalize the royalty ownership.' This paper will examine the law regarding fractionalized royalty interests, how these interests may be captured or burdened by oil and gas leases and other agreements, and the right of the fractionalized royalty owner to receive and share in royalty.
James E. Key,
The Right to Royalty: Pooling and the Capture of Unburdened Interests,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V17.I1.4