If minerals are removed from the earth, what type of property do they become according to the Law of Capture?

Under the Law of Capture, minerals that are extracted from the earth transition from being part of real property to being classified as personal property. This law states that once a landowner successfully captures or removes natural resources such as oil or minerals from their land, those resources become separate from the land itself.

When these minerals are still in the ground, they are considered part of the real property, as they are attached to the land. However, the moment they are extracted, they lose their status as real property because they are no longer physically connected to the land. Instead, they become personal property, which is movable and not tied to a specific location.

This distinction is important in real estate law because it defines ownership rights and how resources can be managed or sold after extraction. Therefore, the classification as personal property is pivotal in understanding property rights and resource management within the context of real estate transactions.