Would a toad be considered a chattel?

Question

A friend of mine was telling me he has a toad thats lived under his house for years and its huge,,,,, helps rid him of many pesky bugs. He says he is taking the toad with him. I say it should stay in its home it has had for the last six or seven years and is part of that house? Is it right to force the toad to leave with him? And wouldnt it be part of the new owners property and be sold with the house?

Answer 1

Well, without getting into Toad's Rights, from a property law perspective you only have six options: either its real property, chattel (tangible/movable), a fixture (was chattel, now part of the real property because it was attached), intellectual property (intangible), currency (intangible), or a person (not property).

By process of elimination, it's not real property, money, or ideas. Normally animals are chattel, and long tenancy does not normally make them physically attached to the structure of the house/land, thus not fixtures.

So, that leaves us with either chattel, or a person. Or a wild animal, not owned but subject to capture (at which point it becomes a chattel).

That's where my analysis stops, because I'm not willing to offend the Right-to-Hop crowd by arguing whether the toad is a person or not under the law. I guess if all else fails, you could evaluate this using an undue burden standard, whether the friend's interest in the potential relocating of the toad outweighs the toad's interest in maintaining a stable environment.

How would Roberts and Alito rule on that one?

Answer 2

Animals can be quite delicate, and as someone else said, the move could kill the toad... It's best to leave it where it is, that's the toad's home, and the bugs it eats there are the bugs it likes to eat. The new house might not be moist enough, or there might not be enough of the right sort of stuff for the toad to eat, so it might crawl away anyway if he did take it and it did survive.

On a different note though, I read a story about a family that was selling its house in the South of England. The bill of sale included a clause under which the new tenants agreed to look after the tortoise in the garden that had been living there since 1925. Now that's residency!

Hmmm... I'm pretty sure that the toad wouldn't count the same way the tortoise did though- not unless your friend included it in the bill of sale, and it doesn't sound as if he wants to. All the same, if he can catch the toad, he can pretty much do what he likes- unless toads are protected! Possibly they are not, but the RSPCA might still have something to say about it if they knew of your friends wicked scheme. Why not give them a quiet call, hi hi hi...

Answer 3

A wild animal is generally not a chattel until its dead, but a domesticated animal is, indeed a chattel.

It's not really a fixture, so theres nothing really to stop your friend removing it from the property. Fixtures are generally the land and things permanently attatched to the land... it would be hard to argue a toad is that.

If he does remove it and treat it as a pet, or a working animal (ie keeping it to kill bugs, like a person keeps a dog to round up sheep), then it would be a chattel, and he is free to take it from the land. All in all, the point is moot, unless the new buyers are aware of its existence in relation to the property.

conclusion: its a chattel if he treats it as one. The common law dont really care much for animal liberty, unfortunately

Answer 4

well, i would say the toad is a licensees, however the toad does have a business purpose. i would have to say the toad is an invitee ( a business invitee). an invitee may become a licensee or trespasser if he/she goes to parts of the premises that extend beyond his/her invitation (tell the toad not to get out from under the house!). he should take the toad, it is his chattle. if the new owners try to take the toad, this may be conversion (of chattel). TELL HIM TO KEEP THE TOAD!!!!

Answer 5

Of course it's not a part of the property! it is a living creature just like you, none of us creatures are any more value than each other, of course humans think they are.
the toad should be left in peace, and the new owners notified of it's whereabouts, perhaps they dislike toads and would want it out or exterminated so then it would be a good idea to take it to a new place at least the person you are referring to takes care it is safe.

Answer 6

He could take the toad it is not an attachment to the house, and yes it is property and is a chattel

Answer 7

if he had nailed the toad to the cross beam than it would have been part of the house

Answer 8

the toad likes where it lives, and likely doesn't care about your friend. it may not survive the relocation. i would leave it.

Answer 9

a huge toad , eh..i'll give you 60$ and an old stationary bike (never been ridden) for that..

Answer 10

I would consider it a pet