Who 'owns' a domestic cat? Or does anyone?

There are countless examples of cat caregivers losing their cat because he/she has gone walkabout and disappeared only to have ended up in a new home not far away after being rescued by an animal lover with whom the lost cat lives contentedly for a long time until the 'original owner' discovers the new arrangement and complains; demanding the return of their cat and even employing a lawyer to threaten legal proceedings.

The cat is the innocent victim in a human dispute; having no knowledge of legal ownership. In this familiar story, the microchip embedded in the cat's neck if it exists is not evidence of ownership. Perhaps it is evidence of 'possession' no more.

Does a person who rescues and cares for a once 'owned' cat become legally entitled to claim ownership? The law is vague on this because if we are honest domestic cats are not really 'owned' like an inanimate 'chattel' such as a table and chairs or a television.

The concept of legal ownership does not really fit the the cat caregiving scenario. And the phrase 'cat caregiving' gives the game away. So called owners are in truth caregivers. The cat agrees to live with a caregiver in a mutually agreeable social contract. He gets fed and cared for and in return he provides companionship to the human caregiver.

There is not much more to it. To get into a tangle about ownership as happened in France recently with Pompon being rescued and cared for for 24 months and the 'true owner' trying to reclaim her cat named 'Flocon' is inappropriate I feel [see story below].

The cat decides who she/he is 'owned' by. If she is happy in her new home and is being cared for well - as is the case in the French story - she stays there. The former owner should be gracious enough to let their cat go. After all, in the French case Pompon had been missing for 2 years. That's enough to break the claim for ownership.

It is actually worse than that because the former owner claims that her cat was stolen. That is not uncommon either. It is wrong though. Cats can't trespass and cats can't be truly owned. In the case of cat rescue it is inappropriate to allege theft by the rescuer unless malicious intent can be firmly established.

The only time theft can be cited is when professional thieves steal a cat from the street for resale.

In disputes like this the answer is mediation to come to an agreeable solution with the welfare of the cat firmly in mind. A cat rescued 24 months ago and settled in a new home should remain in that home. And if a cat wanders from a home it might indicate lack of good caregiving. Another reason for the rescuer to be allowed to take possession.

The French cat story:

In the village of Augicourt in eastern France, a domestic cat has become the subject of a legal dispute between two women, each claiming ownership. Aimée Raclot says she found the animal, which she named Pompon, abandoned and in poor health in her barn. She paid for veterinary treatment and later had the cat microchipped in her own name. A neighbour, however, insists the cat is hers, called Flocon, and supports her claim with earlier veterinary records. She has filed a complaint alleging theft, prompting police involvement and legal proceedings. The case is now heading towards mediation. At its core, the dispute raises a familiar legal tension between possession and care on the one hand, and prior ownership on the other. While Raclot emphasises the rescue and welfare of the cat, the neighbour maintains that original ownership should prevail. The outcome will depend on how the competing evidence is assessed under French law.

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P.S. please forgive the occasional typo. These articles are written at breakneck speed using Dragon Dictate. I have to prepare them in around 20 mins. Also, sources for news articles are carefully selected but the news is often not independently verified. And, I rely on scientific studies but they are not 100% reliable. Finally, (!) I often express an OPINION on the news. Please share yours in a comment.

You'll need 2 documents to provide for your cat on your passing

If you live in the UK - and I would suggest most other Western countries - and you want to ensure that your cat companion is looked after on your passing, you should employ two documents namely a letter of wishes and your will.

You can't leave money to your cat in your will because cats are not considered to be sentient beings under British law. They are objects, inanimate objects, and therefore cannot receive money in your will.

But you can leave your pet cat and money to somebody you trust in your will after you've spoken to them about their "duties" when you've gone.

And when you've got their agreement you can provide guidelines about their caregiving of your cat in a letter of wishes, which accompanies the will in an envelope. Both should be drafted by a solicitor or some other qualified person to make sure that they are legal.

Note: this is a cross-post. See the other post by clicking here.

Use a will together with a letter of wishes to make provision for your cat on your passing by Michael Broad

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And it's important you don't leave too much money (whatever that actually is 😎) to the person who has been selected to look after your cat because it might be challenged by other beneficiaries. This might result in a court case and a judge possibly rewriting the will which you obviously want to avoid at all costs.

But the key point here is that there are two documents as mentioned in order to ensure that your cat is well cared for on your passing because of a weakness really in British law. 

It's time for British law to change to recognise cat companions and dog companions as sentient beings because they are regarded as sentient beings and members of the family by their caregivers.

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P.S. please forgive the occasional typo. These articles are written at breakneck speed using Dragon Dictate. I have to prepare them in around 20 mins. Also: sources for news articles are carefully selected but the news is often not independently verified. Also, I rely on scientific studies but they are not 100% reliable.

Are Bengal cats legal in California?

Photo copyright Helmi Flick

Yes, Bengal cats are legal in California. There are two issues to discuss. The SBT - stud book tradition (4th generation Bengal cat) is a pure domestic cat and legal anywhere as I understand it even in those states, Alaska, Mass, NY and Hawaii where high filial wild cat hybrids are banned.

There are very few F1 and F2 Bengal cats around. Nearly all the Bengal cats that you see are 4th generation from the wild cat and higher (5th generation+) so are genuinely domestic cats with little wild cat blood in them (12% and less).

There is no reason to ban these cats. The reason for banning the F1 wild cat hybrids is because of a fear that if the cat becomes feral it might produce a super feral cat that would cause damage to the native species of USA wild life.

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