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NeCede's

Maxim 5.1.29

Things abandoned [or which belong to no one] become the property of the first occupant.

Source: Taylor v. The Cato, 1 Pet. Adm. 53, Fed. Case. No. 13, 786; Dig. 41, 1, 3; 2 Bl. Comm. 258; Weisman, 91l Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Property that has been abandoned or that belongs to no one may be claimed by the first person to take possession of it. This principle governs salvage, derelict property, and unowned natural resources.

Where this applies

  • A fisherman finds an abandoned boat adrift with no registration or markings, hauls it ashore, and claims it as his own.
  • Someone discovers an old gold watch in a condemned building that has been vacant for decades with no known owner.
  • A beachcomber picks up driftwood that washed ashore from no identifiable source and uses it to build furniture he then sells.

Legal domains

Cite this maxim

NeCede Max. 5.1.29 — Things abandoned [or which belong to no one] become the property of the first occupant. — Taylor v. The Cato, 1 Pet. Adm. 53, Fed. Case. No. 13, 786; Dig. 41, 1, 3; 2 Bl. Comm. 258; Weisman, 91l

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