This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
The owner of land has no right of property in animals ferae naturae, or wild animals, merely because they are upon the land.90 He may, however, acquire a qualified ownership in them-that is, an ownership while remaining in his possession or control-by their capture,91 and an absolute ownership by killing them.92
Y. 412; Brown v. Goddard, 13 R. I. 76; Lowndes v. Wicks, 69 Conn. 15, 36 Atl. 1072.
89n. Ante Sec.Sec. 301, 302.
89o. Clark v. Campau, 19 Mich. 325; Bay City Gas Light Co. v. Industrial Works, 28 Mich. 182; Knight v. Wilder, 2 Cush. (Mass.) 199, 48 Am Dec. 660; Wood v. Appal, 63 Pa. 210; Menasha Wood' en Ware Co. v. Lawson, 70 Wis. COO, 36 N. W. 412.
90. Blades v. Higgs, 11 H. L. Cas. 621; Geer v. Connecticut, 161
U. S. 519
91. 4 Blackst. Comm. 588; Goff v. Kilts, 15 Wend. (N. Y.) 550; Ulery v. Jones, 81 111. 403; James v. Wood, 82 Me. 173, 8 L. R. A. 448, 19 Atl. 160; Pierson v. Post, 3 Caines (N. Y.) 175, 2 Am. Dec. 264.
92. Blades v. Higgs, 11 H. L. Cas. 621; Rexroth v. Coon, 15 R. I 35, 2 Am. St. Rep. 863; State v. Mallory, 73 Ark. 236, 67 L. R. A. 773, 3 A. & E. Ann. Gas. 852, 83 S. W..955.
The owner of land has the exclusive right to kill the animals on the land,93 unless another has acquired the right by grant or its equivalent, such other then having a right in the nature of a profit a prendre.94 If animals are wrongfully killed on the land by another, they become the property, it seems, of the landowner.95 That one has the right to navigate over land of another,96 or to pass over a highway thereon,97 would seem properly to give no right to kill game thereon. But it has, in two states, been decided that the right to kill game is incident to the right of navigation,98 without, it is submitted, any adequate explanation of why this should be so.99