"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.
BAKER ANIMALS FERAE NATURAE
AS A LIMIT ON PROPERTY IN LAND (THE WILDLIFE EASEMENT) A.
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.
, 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)