res nullius

In Roman law res nullius included wild animals, abandoned things and unoccupied land, which became the property of the first taker by occupation (occupatio). Possession with the intent to own (animus domini) converts the thing into property.

In Indian law there is little true res nullius in land: property without an owner passes to the State by escheat or as bona vacantia, and wild animals are protected by the Wild Life (Protection) Act, 1972 and treated as Government property. In international law, terra nullius is the counterpart for territory. Distinguish res communis, which belongs to all and cannot be appropriated.

Example

A wild deer was once res nullius, but under the Wild Life (Protection) Act, 1972 a hunted animal is Government property.

In Indian law

• Wild Life (Protection) Act, 1972 (wild animals as Government property)

See also

res communis omnium · terra nullius · bona vacantia · escheat

Read more in the study notes

• Ownership: idea, incidents, kinds and the difference from possession (Jurisprudence)
• Ownership: the idea and its analysis (Legal Concepts)