Legal Definitions - pro derelicto

Pro derelicto is a Latin legal phrase meaning "as derelict" or "as abandoned." It describes property that an owner has intentionally given up, relinquishing all rights and claims to it. When property is considered pro derelicto, it is treated as if it has no owner, making it available for others to potentially claim or acquire under specific legal conditions.

Here are some examples to illustrate this concept:

Example 1: Abandoned Personal Items

• Scenario: A tenant moves out of an apartment, leaving behind an old, broken television and a worn-out armchair on the curb with a "FREE" sign, clearly intending for someone else to take them or for them to be picked up as trash.

• Explanation: The television and armchair are considered pro derelicto because the former owner intentionally left them with no intention of reclaiming them, effectively abandoning their ownership. This allows the items to be legally taken by another person or disposed of by the municipality without fear of a claim from the original owner.

Example 2: Abandoned Maritime Vessel

• Scenario: A large, commercial fishing trawler is found adrift in international waters, severely damaged and showing no signs of recent human activity. Investigations reveal the registered owner declared it a total loss to their insurer months ago and made no efforts to salvage or recover it.

• Explanation: The fishing trawler would be considered pro derelicto. The owner's actions (declaring it a loss, failing to attempt salvage) demonstrate a clear intent to abandon the vessel, relinquishing their rights to it. This opens the possibility for a salvage company to claim it or for a government authority to take possession for environmental or navigational safety reasons.

Example 3: Abandoned Mining Claim

• Scenario: A prospector staked a mining claim on public land but, after years of no activity, failed to file the required annual assessment work affidavits and pay the necessary fees to the government. The prospector has also moved away and made no contact regarding the claim for over a decade.

• Explanation: The mining claim would be considered pro derelicto. By failing to meet the legal requirements for maintaining the claim and demonstrating no intent to return or work it, the prospector has effectively abandoned their rights. This allows the land to become open again for other prospectors to stake a new claim, as the original claim is now treated as if it has no owner.