Legal Definitions - property ratione soli

Property ratione soli refers to a common-law legal principle establishing that a landowner possesses the exclusive right to hunt, capture, or otherwise take wild animals found on their own property.

This right is intrinsically linked to land ownership, granting the property owner control over the wildlife within their boundaries and the ability to decide who may access and take these animals.

• Example 1: Hunting Rights on a Private Ranch

  A large ranch owner in Montana, whose property spans thousands of acres, decides to lease hunting access to a group of hunters for elk season. The ranch owner also reserves certain areas for personal hunting or prohibits hunting entirely in other sections. This demonstrates property ratione soli because the landowner, by virtue of owning the ranch, holds the exclusive right to control the taking of wild elk and other game animals found on their land, and can choose to exercise this right personally or grant permission to others.

• Example 2: Fishing in a Private Pond

  A family owns a rural estate that includes a natural pond entirely within their property lines. They stock the pond with various fish species and strictly limit fishing access to family members and invited guests. If someone attempts to fish in their pond without permission, the family can assert their rights as landowners. This illustrates property ratione soli because the family, as the property owners, has the exclusive right to take (fish) the wild animals (fish) found within the boundaries of their private pond, which is part of their land.

• Example 3: Managing Nuisance Wildlife

  A homeowner in a suburban area discovers a family of wild turkeys frequently entering their fenced backyard, eating garden plants, and leaving droppings. The homeowner decides to install netting and use humane deterrents to prevent the turkeys from entering their property. If necessary, they could also contact a licensed trapper to remove the birds. This exemplifies property ratione soli because the homeowner, as the landowner, has the exclusive right to manage and, if legally permissible, take (remove or deter) the wild animals (turkeys) found on their private property.