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NeCede's

Maxim 5.1.11

A thing belonging to no one naturally belongs to the first taker.

Res nullius naturaliter fit primi occupantis.

Source: Dig. 41.1.3; 2 Bl. Comm. 258; Taylor v. The Cato, 1 Pet. Adm. 53 Difficulty 1/5 — Foundational

Explanation

Abandoned or ownerless things become the property of whoever first takes possession of them.

Where this applies

  • A beachcomber finds a piece of driftwood washed ashore that belongs to no one — as an ownerless thing, it naturally becomes the property of the first person who picks it up.
  • A homesteader discovers an abandoned mine on unclaimed public land and begins working it — because the mine belonged to no one, the first person to take possession and put it to use establishes the original claim.
  • A fisherman finds a swarm of wild bees in an unowned hollow tree and captures them — since wild bees belong to no one until captured, they become the property of the first taker.

Legal domains

See also

Cite this maxim

NeCede Max. 5.1.11 — A thing belonging to no one naturally belongs to the first taker. — Dig. 41.1.3; 2 Bl. Comm. 258; Taylor v. The Cato, 1 Pet. Adm. 53 (Res nullius naturaliter fit primi occupantis.)

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