PROPERTY 1 OUTLINE
MAKDISI
WILD ANIMALS:
– Possession: a thing that is unowned becomes the property of a person if:
▪ there is intent to assert ownership over it; and
▪ actual or constructive dominion and control over it occurs.
– Wild Animals (ferae naturae) in their natural state are unowned, they become private property
upon being reduced to possession.
– before animals are reduced to private ownership, the power to control and regulate them exists in the state.
– title to animals ferae naturae or game, is for the use & benefit of the people.
– Mere pursuit does not constitute the sufficient control and dominion to give the hunter a property right in the animal. Mortally wounding the animal or killing it gives a vested property right that cannot be divested by another’s act intervening and killing the animal.
– Animals caught in a trap or net (DEPREVIED OF LIBERTY) belong to the one who owns and
has set up the trap or net. By setting such trap, one is said to constructively possess those animals taken.
– Constructive possession when you mortally wound it. Especially when you mark it.
– Owner of land has constructive possession of wild animals in his land: ratione soli-right by
the soil or by reason of the soil
– Ownership rights in a wild animal terminates when the animal is released or escapes back to
it’s natural liberty, yet if animal returns or intends to return (animus revertendi-has habit of
returning) ownership continues
– No one owns wild animals in their natural habitat UNLESS title is gained by:
▪ Killing the animal
nimal impossible
– HOWEVER…if the animal regains its freedom you lose possession!!!!
Class notes:
– when do wild animals become property:
· Control
· Possession
· Marking
· Taming
– possession/ ownership based on the fact of possession:
· Power to exercise power over it
· When animal put in place by owner who can easily then take animal as he please – defines ownership
· Possession does not have anything to do w/owning the land underneath
· Being able to take control/possession of the animal
· Marking demonstrates ownership
· Intent to capture animal is not enough, you must actually have to deprive them of their actual liberty
Lewis v. State:
– RULE: the state of fl did adduce the sufficient testimony to sustain the material allegations of count 1 of the information.
– movable property such as live stock or animals that wander off the owner’s property still belong to the rightful owner b/c he can claim rightful ownership w/either title or other proof.
Hamilton v. Williams:
– RULE: license does not vest title to any game. Nor did the license give right to enter private property.
– Can’t trespass on private property to fish or hunt, even if you have a license.
– the owner of the soil, has a special and qualified interest in the wild game while it is thereon; no trespassing allowed.
