ferae naturae

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Ferae Naturae

[Latin, Of a wild nature or disposition.]

Animals that are wild by nature are called ferae naturae, and possession is a means of acquiring title to such animals. The mere chasing of an animal ferae naturae does not give one party the right to title against another party who captures it through intervention. If, however, a wild animal is either killed or caught in a trap so that the capture is certain, the individual who traps or mortally wounds it acquires a vested right to possession and title that is not defeatable by another's intervention.

Animals ferae naturae differ from those that are tame or domesticated, or domitae, in which an individual can have an absolute property right.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

ferae naturae

‘wild animal’. See ANIMAL LIABILITY.
Collins Dictionary of Law © W.J. Stewart, 2006
References in classic literature ?
"If the case be put of a partridge, there can be no doubt but an action would lie; for though this be ferae naturae , yet being reclaimed, property vests: but being the case of a singing bird, though reclaimed, as it is a thing of base nature, it must be considered as nullius in bonis .
(6) Florida courts tend to tip the scales in favor of defendant-owners under the doctrine of ferae naturae, (7) relating to animals that are wild by nature.
See Ferae Naturae, Collins Dictionary, available at https://www.collinsdictionary.
The legal position may be summarised as follows: Bees are 'ferae naturae' and are no-one's property unless and until they have been hived by the person claiming possession of the bees.
The ferae naturae view suggests that subsurface pooled resources are commons property, while the ad coelum view treats subsurface pooled resources as private property.
The conventional ferae naturae view of the common law of subsurface resource pools is that the resources are commons property.
First, he cites Roman and civil law jurists for the principle that property in ferae naturae can only be acquired by capture.
Part II discusses the special status of the fox as "vermin" in the common law, which differed from that of other ferae naturae. The fact that vermin could not be owned, for instance, has interesting repercussions for the property claims made in Pierson v.
Bullu was considered ferae naturae (wild animal) and thus the owner was scienter retinuit (deemed to know) of the dangerous propensities of such a creature.
Ferae Naturae, Ad Coelum, and "Drill, Baby, Drill!"
Caribou are wildlife, and therefore, are subject to the ancient common law doctrine of ferae naturae. An animal ferae naturae cannot be owned by any individual.(67) All direct legal interests in wildlife rest with the state, which manages wildlife as a sovereign, rather than as a proprietor.(68) One of the state wildlife management obligations is to determine the legal method by which an individual may reduce ferae naturae to possession and thereby acquire a legal interest in the animal.(69)