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.

ferae naturae

‘wild animal’. See ANIMAL LIABILITY.
References in periodicals archive ?
3) Under this ferae naturae (4) view, water, oil, and gas are
following the conventional ferae naturae view, the ad coelum view, or a
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.
BAKER ANIMALS FERAE NATURAE AS A LIMIT ON PROPERTY IN LAND (THE WILDLIFE EASEMENT) A.
Thus this article becomes a twice-told tale of the stories three courts told about animals ferae naturae.
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.
This was thought to be an "impressive argument", but for logic, it did not extend to ferae naturae, for "practical considerations":
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.
An animal ferae naturae cannot be owned by any individual.
To reduce an animal ferae naturae to possession, an individual must perform an overt act of transformation acknowledged by the state.