Concept
Occupancy
Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Wild Animals
"Mr. Sanford, for the plaintiff, argued that animals ferae naturae belong to no one until property is acquired through occupancy. Finding, hunting, and pursuit are all that the plaintiff’s declaration enumerates, but to create a title to a wild animal, occupancy is indispensable. Authorities including Justinian, Fleta, and Bracton establish that there must be a taking; pursuit alone is insufficient, and even wounding does not give a right of property unless the animal is actually captured. An animal remains the property of its captor only while it is kept under custody; if it escapes into natural liberty, it again becomes available to the next occupant."
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