Land lying unoccupied is given to the first occupant.

Explanation

Where land has no owner, the first man to take actual possession establishes the original right.

Where this applies

• A pioneer family arrives at an unsettled valley, builds a cabin, clears fields, and begins farming — because the land was vacant and unoccupied, the first to take actual possession establishes the original right of ownership.
• Two prospectors arrive at an unclaimed mineral deposit at different times — the one who first staked his claim, built a shelter, and began working the land holds the superior right because vacant land goes to the first occupant.
• A group of settlers finds a stretch of unowned coastal land and begins building homes and planting crops — the law grants the land to these first occupants because it lay vacant and belonged to no one before they arrived.

See also

• 5.1.10 He who is first in time is stronger in right.
• 5.1.11 A thing belonging to no one naturally belongs to the first taker.