Estray, in common law, is any domestic animal found wandering at large or lost, particularly if the owner is unknown. [1] In most cases, this implies domesticated animals rather than pets.
Under early English common law, estrays were forfeited to the king or lord of the manor; under modern statutes, provision is made for taking up stray animals and acquiring either title to them or a lien for the expenses incurred in keeping them. A person taking up an estray has a qualified ownership in it, which becomes absolute if the owner fails to claim the animal within the statutory time limit. Whether the animal escaped through the owner's negligence or through the wrongful act of a third person is immaterial. If the owner reclaims the estray, they are liable for reasonable costs of its upkeep. The use of an estray during the period of qualified ownership, other than for its own preservation or for the benefit of the owner, is not authorized. Some statutes limit the right to take up estrays to certain classes of persons, to certain seasons or places, or to animals requiring care.
When public officials, such as a county sheriff impound stray animals, they may sell them at auction to recover the costs of upkeep, with proceeds, if any, going into the public treasury. In some places, an uncastrated male livestock animal running at large may be neutered at the owner's expense.
In the United States, it is common for there to be a required "Notice of Estray" sworn and filed in a local office. The process usually takes a prescribed time to permit the property owner to collect his property. Otherwise, the finder obtains title to the property.
ESTRAYS
1 Definition. There is no strictly accurate definition of an estray to be found in any reported decision but from all of them may be deduced the following: An estray is an animal, by nature tame and reclaimable, having a value as property generally recognized by law, as a sheep, ox, hog, or horse, which is found wandering and the owner of which is unknown. Animals on which the law sets no value as a dog or cat and animals ferae naturae as a bear or wolf cannot be considered as estrays.
2 Right to Forfeit. a. At Common Law The right to forfeit the title of the owner to estrays has been recognized from a very remote period. At the common law they were originally forfeited to the king as the general owner and lord paramount of the soil; and later they most commonly belonged to the lord of the manor by special grant from the crown.
— From The American and English Encyclopaedia Law and Practice, 1910, Vol. III, p. 1030 [2]
Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant; not the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the copyholder, according to the titles and customs written down in the manorial roll. In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent.
Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord.
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time under common law, whereas the highest possible form of ownership is a "fee simple absolute", which is without limitations on the land's use.
An animal shelter or pound is a place where stray, lost, abandoned or surrendered animals – mostly dogs and cats – are housed. The word "pound" has its origins in the animal pounds of agricultural communities, where stray livestock would be penned or impounded until they were claimed by their owners.
Animal hoarding, sometimes called Noah syndrome, is keeping a higher-than-usual number of animals as domestic pets without the ability to properly house or care for them, while at the same time denying this inability. Compulsive hoarding can be characterized as a symptom of a mental disorder rather than deliberate cruelty towards animals. Hoarders are deeply attached to their pets and find it extremely difficult to let the pets go. They typically cannot comprehend that they are harming their pets by failing to provide them with proper care. Hoarders tend to believe that they provide the right amount of care for them. The American Society for the Prevention of Cruelty to Animals provides a "Hoarding Prevention Team", which works with hoarders to help them attain a manageable and healthy number of pets.
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use , joining it with previously acquired property, or by marking it as owned.
Common land is collective land in which all persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel.
In the Middle Ages, especially under the European feudal system, feoffment or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept.
Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. Bona vacantia is a legal concept associated with the unowned property, which exists in various jurisdictions, with a consequently varying application, but with origins mostly in English law.
A profit, in the law of real property, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. Indeed, because of the necessity of allowing access to the land so that resources may be gathered, every profit contains an implied easement for the owner of the profit to enter the other party's land for the purpose of collecting the resources permitted by the profit.
In property law, lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person. Property can be considered lost, mislaid, or abandoned depending on the circumstances under which it is found by the next party who obtains its possession.
Cestui que is a shortened version of "cestui a que use le feoffment fuit fait", lit. 'the person for whose use/benefit the feoffment was made'; in modern terms, it corresponds to a beneficiary. It is a Law French phrase of medieval English invention, which appears in the legal phrases cestui que trust, cestui que use, or cestui que vie. In contemporary English the phrase is also commonly pronounced "setty-kay" or "sesty-kay". According to Roebuck, Cestui que use is pronounced. Cestui que use and cestui que trust are often interchangeable. In some medieval documents it is seen as cestui a que. In formal legal discourse it is often used to refer to the relative novelty of a trust itself, before that English term became acceptable.
An emotional support animal (ESA) is an animal that provides support to individuals with a mental health or psychiatric disability. Emotional support animals are not required to be trained. Any animal that provides support, comfort, or aid, to an individual through companionship, unconditional positive regard, and affection may be regarded as an emotional support animal.
The history of English land law can be traced back to Roman times. Throughout the Early Middle Ages, where England came under rule of post-Roman chieftains and Anglo-Saxon monarchs, land was the dominant source of personal wealth. English land law transformed further from the Anglo-Saxon days, particularly during the post-Norman Invasion feudal encastellation and the Industrial Revolution. As the political power of the landed aristocracy diminished and modern legislation increasingly made land a social form of wealth, subject to extensive social regulation such as for housing, national parks and agriculture.
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana.
Abandoned pets are companion animals that are either inadvertently or deliberately abandoned by their owners, by either dumping the animals on the streets, leaving them alone in a vacant property, or relinquishing them at an animal shelter.
A glossary of land law contains mostly middle English concepts, which are often found in older judgments, and refer to obsolete rights or remedies.
In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership. Where there are "open range" laws, those wanting to keep animals off their property must erect a fence to keep animals out; this applies to public roads as well. Land in open range that is designated as part of a "herd district" reverses liabilities, requiring an animal's owner to fence it in or otherwise keep it on the person's own property. Most eastern states and jurisdictions in Canada require owners to fence in or herd their livestock.
The North Carolina Animal Protection Act aims to protect pets and their owners in North Carolina. This legislation models the Animal Welfare Act of 1966 and can be found in the North Carolina General Statutes under Chapter 19A: Protection Of Animals, Article 3, consisting of six articles.
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. In order for a structure to be considered part of the real property, it must be integrated with or affixed to the land. This includes crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property.