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.
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following the conventional ferae naturae view, the ad coelum view, or a
Contrary to the ferae naturae view, courts did not mention the law
of the rule of capture and the ferae naturae analogy, Westmoreland &
Thus this article becomes a twice-told tale of the stories three courts told about animals ferae naturae.
Animals ferae naturae also have a particular relevance to these issues.
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":
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.
77) There is no personal liability for damage-causing animals ferae naturae in common law.