Animals as personal property

David Favre

Chapter 11 in Elgar Concise Encyclopedia of Animal Law, 2025, pp 41-44 from Edward Elgar Publishing

Abstract: Animals are legally considered personal property. This gives the owners a baseline of legal rights. A key consideration is how and when title to an animal may move from one owner to another. The sale and adoption of animals are considered, as is the outcome of title for animals in divorces, and in wills and trusts. Additionally, the issues around lost animals are considered. The right to sell an animal has been modified in the case of retail sales of companion animals. Bailments deal with what happens when an owner transfers possession but not title to another person. Although several countries’ laws state that animals are ‘not things’, this alone does not change their property status or their visibility in the legal system. Breaking animals out of the personal property box will be the next major change for animals within the legal world.

Keywords: Sales; Divorces; Adoption; Bailment; Abandon; Title; Possession (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803923666
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