Legal Definitions - res nullius

Res nullius is a Latin legal term referring to something that does not currently have an owner. While such an item is capable of being owned, no one has yet claimed legal possession of it. Consequently, a res nullius item is generally available for anyone to acquire ownership, often through capture, discovery, or by taking possession with the intent to own.

• Example 1: Wild Animals

  Imagine a hunter tracking a deer in a vast, public forest. Before the hunter successfully captures or kills the deer, the animal is considered res nullius. It belongs to no one. Once the hunter lawfully takes possession of the deer, according to hunting regulations, they become its legal owner. This illustrates how a wild creature, unowned in its natural state, can transition into private property through capture.

• Example 2: Clearly Abandoned Property

  Consider a scenario where someone places an old, broken washing machine on the curb with a "free" sign, or clearly leaves it out for bulk trash collection, intending to permanently relinquish all rights to it. In this case, the washing machine becomes res nullius. If another person comes along and takes the washing machine with the intent to fix it or salvage parts, they can acquire ownership because the original owner clearly abandoned their claim.

• Example 3: Newly Discovered Natural Resources

  Suppose a meteorite falls onto a remote, unowned piece of land, far from any private property or established government claim. Before anyone discovers or claims it, that meteorite could be considered res nullius. The first person to lawfully discover and take possession of the meteorite, assuming no specific laws or regulations prevent it, might establish ownership over it, as it previously belonged to no one.