A person cannot own, ‘absolutely’, a wild animal while it is alive. However, in certain situations a person may be regarded as being the ‘qualified’ owner of a live wild animal.
Where a person owns something ‘absolutely’ they own it unconditionally and are free to treat, use or dispose of it as they wish. In the case of animals this is subject to legislation such as that relating to the welfare of animals.
Where ownership is ‘qualified’ the person does not have an exclusive or permanent right to the wild animal.
Certain animals are deemed the property of the Crown, for example, whales, sturgeon and wild and unmarked swans and, therefore, cannot be owned by a person other than the Crown.
‘Qualified’ ownership, in the case of live wild animals, can arise in one of three ways.
A person cannot legally own ‘absolutely’ game (pheasants, hares and the like). However, the law recognises the need to protect private interests in game. The law does this by limiting rights over game to certain classes of people and by creating criminal offences relating to the taking or destroying of the eggs of certain birds.
It is possible to own ‘absolutely’ a dead wild animal. When a wild animal dies or is killed the owner of the land on which the animal died or was killed becomes the legal owner of the animal, unless shooting or sporting rights have been granted to another person, in which case that person becomes the owner.
A trespasser, or poacher, who kills a wild animal, will not acquire legal ownership of the animal.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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