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Legal Definitions - estray

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Definition of estray

An estray refers to a domesticated animal of value that has strayed from its owner and is found wandering without supervision. Typically, the owner is unknown to the person who finds the animal, and the animal is not on land where it is usually permitted to roam. When an estray is found, legal procedures often dictate that it be reported to authorities, who hold it in trust for the true owner to reclaim.

Here are some examples to illustrate the concept of an estray:

  • Imagine a well-groomed horse found trotting down a suburban street, clearly out of place and without a rider or lead. No one in the immediate vicinity recognizes the horse or knows its owner. This situation describes an estray because it is a valuable, tame animal found wandering ownerless in an unusual location, suggesting it has escaped its usual enclosure. Local authorities would likely be called to secure it and attempt to locate the owner.

  • Consider a dairy cow discovered grazing peacefully in a public park several miles from the nearest farm. It has no visible identifying tags or brands, and local residents don't recognize it. This cow is an estray because it is a domesticated, valuable animal found far from its expected habitat, indicating it has strayed from its owner. The park is not its usual range, and its owner is unknown to those who found it.

  • Suppose a small flock of sheep is found wandering through a residential neighborhood, nibbling on lawns. There are no sheep farms nearby, and no one claims ownership of the animals. These sheep constitute estrays. They are valuable, domesticated animals found wandering in an area where they do not belong and where their owner is unknown. This situation would typically require reporting to animal control or local law enforcement to hold them until the owner can be identified and claim them.

Simple Definition

An estray is a valuable, tame animal that has escaped its owner and is found wandering without a known owner. While historically belonging to the Crown, modern law typically holds that the state takes possession in trust for the true owner to reclaim.

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