Legal Definitions - res aliena

Res aliena is a Latin legal term that refers to property belonging to someone else. It is an older, somewhat archaic concept in legal discourse, but it fundamentally describes any item or asset that an individual possesses or deals with, but which is legally owned by another party.

Here are a few examples to illustrate this concept:

• Example 1: Borrowed Equipment
  Imagine a homeowner who borrows a power washer from a friend to clean their driveway. While the homeowner has physical possession and is using the power washer, it legally belongs to their friend.

  This illustrates res aliena because the power washer, despite being in the homeowner's temporary possession, is the property of another individual (the friend).

• Example 2: Trustee Managing Assets
  A trustee is appointed to manage a trust fund established for a minor beneficiary. The trustee has legal authority and control over the investments and assets within the trust, making decisions about how they are managed and distributed according to the trust's terms.

  In this scenario, the assets within the trust are res aliena to the trustee. Although the trustee has legal control and a duty to manage them, the ultimate ownership and benefit belong to the beneficiary, not the trustee personally.

• Example 3: Stolen Goods
  A person shoplifts a valuable piece of jewelry from a store. The thief now has physical possession of the jewelry and intends to keep it.

  The stolen jewelry is res aliena to the thief. Despite the thief's physical possession, the legal ownership remains with the store or its rightful owner, making it property belonging to another.