Case

Pierson v. Post

Pierson v. Post (N.Y. 1805) teaches the first-possession rule for ferae naturae: wild animals are unowned until captured or controlled; pursuit alone is insufficient. ([law.cornell.edu](https://www.law.cornell.edu/wex/ferae_naturae?utm_source=openai)) The case anchors the “rule of capture,” with modern limits in resource law via correlative-rights regimes. ([law.cornell.edu](https://www.law.cornell.edu/wex/correlative_rights_doctrine?utm_source=openai))

Rule to remember

Pierson v. Post is the New York decision holding that mere pursuit of a wild animal creates no property right; ownership arises only upon capture or control (first possession). ([law.cornell.edu](https://www.law.cornell.edu/wex/ferae_naturae?utm_source=openai))

Key elements and checks

In the source’s words

“Ferae naturae are generally considered the property of no one.”

Ferae naturae | Wex | LII / Cornell Law

“The first in time rule, also known as the rule of capture”

First in time | Wex | LII / Cornell Law

State variation: Wildlife and natural-resources rules are often statutory. The common-law capture rule is limited by conservation statutes and correlative-rights doctrines; consult jurisdiction-specific law. ([law.cornell.edu](https://www.law.cornell.edu/wex/correlative_rights_doctrine?utm_source=openai))

Sources