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Cats generally fall into one of three categories: domestic, stray, or feral. A domestic cat is one that lives with humans and relies upon them for food. A stray cat is a pet that has either been lost or abandoned by its owner and is generally socialised with humans. A feral cat is a cat that is not socialised with humans. Because cats have such strong wild instincts, a stray cat can become feral if human contact dwindles.
Regardless if the cat is domestic, stray, or feral, we do not have the right to abuse or harm them. However, we have a higher standard of care for our own domesticated cats than we do for stray or feral cats. For example, we would not be required to provide adequate veterinary or medical care for stray or feral cats in the neighbourhood. That responsibility only comes with pet ownership.
Taking in a stray cat does not necessarily make you the rightful owner of that cat. The law views cats as property, not family members. If a stray cat shows up at your door, it could simply be lost, not abandoned. If you take it in and make it part of your family, the original owners may still have claim to the cat.
The stray cat can only become your rightful property if it is abandoned property. For example, if the original owner dropped off the cat on the side of the road on the other side of town, it is likely that a court would consider the cat to be abandoned. (This is to say nothing of the fact that abandoning an animal is a criminal offence.) However, if the cat escaped out the original owner’s back door and the owners carried out an intensive search, it is likely that a court would consider the cat to remain the property of the original owners.
There is no simple law that dictates when a person loses ownership of a cat that goes stray. Further complicating making any such determination is that each case is very fact-specific, and few cases about stray cat ownership have been heard by the courts. If a court is asked to decide the rightful ownership of a stray cat, a few of the things the court may consider is the passage of time, the microchipping of the cat, and the efforts made to assert ownership of the cat.
Consider a situation where a stray cat shows up at your door.
What steps could you take to determine if the cat had a rightful owner? If you could not find the owner and wanted to keep the cat, what steps could you take to help make the cat your property?
Consider a situation where your cat runs away.
What steps could you take to help find your cat? If you cannot find your cat but remain hopeful it will eventually be found, what steps could you take to help ensure the cat remains your property as time passes?
