THEORIES OF OWNERSHIP OF OIL AND GAS
AbstractThe migratory nature of petroleum poses problems of ownership that distinguish it from stationary resources. The authors examine the argument that petroleum cannot be owned until it is possessed, and given that the Canadian law on the topic is not yet developed enough to offer solutions, they examine three potential answers embodied in American case law. They then analyse English and Canadian decisions against the background of the American theories, arguing that the most persuasive position comes from Pennsylvania.
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