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Fish Swimming in a Natural Stream (Ontario)

By
Commercial Real Estate Agent with RE/MAX West Realty Inc., Brokerage (Toronto)

  • Fish swimming in a natural stream on the property

    These fish are not really owned by the owner of the real property. They are wildlife. They are still part of nature. Either they are not really owned by anyone, or they are owned by everyone (in a public sense). These fish are just swimming through the stream. They may or may not be there on the date of closing, and nothing arises one way or the other, in terms of their presence or lack of it.

    Historically, there is a distinction at common law between domesticated animals and those in a state of nature. The test seems to be whether the animals might return to their owner's residence in the sense that they were fed and would frequently return on a regular basis. In this regard, there are owners of properties who consistently feed the same fish, and in these circumstances, they may be said to have domesticated some of the regulars. If they are "wildlife" or "domesticated", the purchaser will have to acquire his own.
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