Property Question

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mikeytwoshoes
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Joined: Thu Jun 26, 2008 11:45 pm

Property Question

Postby mikeytwoshoes » Tue Jan 26, 2010 1:40 pm

If you buy land, are wild animals part of the property?

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JPeavy44
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Re: Property Question

Postby JPeavy44 » Tue Jan 26, 2010 1:57 pm

I'm pretty sure that all the animals on your land are your property

Anonymous Loser
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Re: Property Question

Postby Anonymous Loser » Tue Jan 26, 2010 2:32 pm

But if they wander off, you might not have a greater property right to them than the person who captures them. (Ordinary wild animals v. animus revertendi)

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apper123
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Re: Property Question

Postby apper123 » Tue Jan 26, 2010 3:16 pm

Anonymous Loser wrote:But if they wander off, you might not have a greater property right to them than the person who captures them. (Ordinary wild animals v. animus revertendi)


yea this

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tome
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Re: Property Question

Postby tome » Thu Jan 28, 2010 3:45 pm

Anonymous Loser wrote:But if they wander off, you might not have a greater property right to them than the person who captures them. (Ordinary wild animals v. animus revertendi)


You have constructive possession of wild animals on your land. That essentially means we pretend you own them while they remain on your land. That constructive possession ends as soon as the animal wanders off, and you lose all property rights with respect to the animal.

This is interesting largely because the laws governing transient natural resources (i.e. oil and gas) were initially derived from the laws treating wild animals. Wild animal litigation itself is not a booming field. Although, it might as people get hungrier ITE.




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