Laws Relating To Beekeeping
In most cases, laws relating to beekeeping are basically the same as are applicable to other subject matters because, primarily, laws deal with principles. In order to find out which law would apply to a particular case, you only have to compare an established principle of law to the circumstances of that case. In case of theft, for instance, it does not matter whether the stolen article is a vehicle, an animal, money or a hive of bees. The offense is theft and the laws relating to theft will apply.
The basic law relating to beekeeping considers bees to be your property only if you have hived them. Bees swarm trees, rabbits run through your fields and birds make nests in your trees, but they can only be considered to be yours if you have hived them or domesticated them.
If you have captured a wild animal and it escapes, it would still be your property if you try to locate it for recovery. Similarly a swarm of bees that leave your hive and escape are considered to be your property as long as you know their whereabouts and there is a chance of their recovery.
In some early cases, it was adjudicated that bees that escape could be considered wild and without any owner when they are discovered on a tree. As such they would be the property of the owner of the land where the tree is located. Interestingly, if the bees are reclaimed by their original owner who follows them and sees them enter the tree, they would not be the property of the landowner but of the original beekeeper. However, the owner cannot encroach upon the property where the tree is located and retake the bees – he would be trespassing.
Laws regarding locating bees
Owners of bees should place the hive where, in the normal course of events, they would not bother others. The owner would be guilty of negligence if he locates them in a place where they are likely to attack other people or horses. However, the beekeeper is not liable for any attack by the bees if he has not been negligent. This means that if someone is injured through no fault of the beekeeper, it would no be his responsibility.
The basic laws can be summed up as follows:
1)If you keep or own an animal of any type (including bees), you would only be liable for any injury caused by the animal if there has been some actual or presumed negligence on your part.
2)The evidence regarding the owner having knowledge of the susceptibility of the animal to cause injury should be sufficient to prove the negligence.
3)The proof that the animal is savage and ferocious should be same as proof of express notice. Notice is presumed in all such cases.
The basic law relating to beekeeping considers bees to be your property only if you have hived them. Bees swarm trees, rabbits run through your fields and birds make nests in your trees, but they can only be considered to be yours if you have hived them or domesticated them.
If you have captured a wild animal and it escapes, it would still be your property if you try to locate it for recovery. Similarly a swarm of bees that leave your hive and escape are considered to be your property as long as you know their whereabouts and there is a chance of their recovery.
In some early cases, it was adjudicated that bees that escape could be considered wild and without any owner when they are discovered on a tree. As such they would be the property of the owner of the land where the tree is located. Interestingly, if the bees are reclaimed by their original owner who follows them and sees them enter the tree, they would not be the property of the landowner but of the original beekeeper. However, the owner cannot encroach upon the property where the tree is located and retake the bees – he would be trespassing.
Laws regarding locating bees
Owners of bees should place the hive where, in the normal course of events, they would not bother others. The owner would be guilty of negligence if he locates them in a place where they are likely to attack other people or horses. However, the beekeeper is not liable for any attack by the bees if he has not been negligent. This means that if someone is injured through no fault of the beekeeper, it would no be his responsibility.
The basic laws can be summed up as follows:
1)If you keep or own an animal of any type (including bees), you would only be liable for any injury caused by the animal if there has been some actual or presumed negligence on your part.
2)The evidence regarding the owner having knowledge of the susceptibility of the animal to cause injury should be sufficient to prove the negligence.
3)The proof that the animal is savage and ferocious should be same as proof of express notice. Notice is presumed in all such cases.
posted by Scott Paton at 3:08 AM
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