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
- Ferae naturae are unowned until taken; domesticated animals are already owned. ([law.cornell.edu](https://www.law.cornell.edu/wex/ferae_naturae?utm_source=openai))
- Possession requires capture or control; pursuit alone is insufficient. ([law.cornell.edu](https://www.law.cornell.edu/wex/ferae_naturae?utm_source=openai))
- First possession determines priority between competing claimants. ([law.cornell.edu](https://www.law.cornell.edu/wex/first_in_time?utm_source=openai))
- Modern analogies include oil-and-gas disputes under the rule of capture. ([law.cornell.edu](https://www.law.cornell.edu/wex/correlative_rights_doctrine?utm_source=openai))
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))