Legal Definitions - ferae naturae

Ferae naturae is a Latin term that translates to "of a wild nature" or "wild animals." In legal contexts, it refers to any animal that has not been domesticated by humans and lives in a natural, untamed state. These animals are generally considered to be unowned, meaning no one holds a property right over them in their natural habitat. However, a person can establish a legal property interest in a wild animal by lawfully capturing it.

A significant legal distinction for ferae naturae animals concerns liability. If a person takes possession of a wild animal, they can be held responsible for its actions. Crucially, if a ferae naturae animal causes injury to someone, the law often presumes negligence on the part of the person who possessed or controlled it. This is a stricter standard than for domesticated animals, where negligence typically needs to be proven.

Here are some examples illustrating the concept of ferae naturae:

• Example 1 (Ownership through Capture): A commercial fisherman casts his nets into the ocean, a public domain, and catches a large number of wild tuna. Before they were caught, these tuna were ferae naturae, belonging to no one. Once the fisherman lawfully captures them and brings them onto his vessel, he acquires a legal property interest in those specific fish. If someone were to then steal the tuna from his boat, it would be considered theft of his property.

  Explanation: This illustrates how an unowned ferae naturae animal becomes the property of an individual through the act of lawful capture.

• Example 2 (Liability for Injury): A private individual, without proper permits, decides to keep a rescued bobcat kitten as a pet in a large enclosure on their rural property. Despite their best efforts to secure the enclosure, the bobcat, being a ferae naturae animal, manages to escape and scratches a delivery person who was approaching the house. Under the law, the bobcat's owner would likely be presumed negligent in its containment, making them potentially liable for the delivery person's injuries, even if they believed the enclosure was escape-proof.

  Explanation: This demonstrates the stricter liability standard for individuals possessing ferae naturae animals; negligence is often presumed if the animal causes harm while under their control.

• Example 3 (Unowned in the Wild): A flock of wild migratory birds regularly lands in a farmer's cornfield during their seasonal migration, consuming a portion of his crop. The farmer cannot claim ownership of these birds simply because they are on his land or eating his produce. As long as they remain wild and uncaptured, they are ferae naturae, belonging to no one. The farmer would need to use legal methods, such as deterrents or obtaining permits for hazing, rather than asserting a property right over the birds themselves.

  Explanation: This highlights the principle that ferae naturae animals are considered unowned in their natural state, even when they interact with or cause damage to private property.