Define: Nemo Dat Quod Non Habet

“Nemo dat quod non habet” is a Latin legal maxim meaning “no one can give what they do not have.” In property law, this principle asserts that a person cannot transfer ownership of property to another if they themselves do not have legal ownership or title to the property. Essentially, it means that a person cannot convey better title to property than they possess themselves. For example, if someone purchases stolen property, even unknowingly, they cannot acquire valid ownership rights because the thief did not have legal ownership to transfer in the first place. This principle serves to protect the rights of true owners and ensure the integrity of property transactions by preventing the transfer of property by unauthorised individuals. It is a fundamental concept in property law and is applied in various legal contexts, including sales, leases, and transfers of real and personal property.

‘One can’t give what one doesn’t have’ (see title). This is the principle that a person can’t give a better title to goods than that which he holds himself. There are four well-known exceptions to this principle.

• If person A hands over goods to person B to sell on A’s behalf, and if B sells to C, then C obtains A’s title, not B’s. This means that A could not enforce damages against C or force the goods to be returned if B did not pay him. This allows people to reclaim from agents (e.g., car dealers) without worrying that the previous owner will attempt to reclaim if the agent defaults on payment.
• Similarly, if A hands goods to B in the expectation of payment and B then sells to C, C obtains A’s title, not B’s. This allows people to buy from, say, a retailer without worrying that the retailer’s supplier would be able to reclaim if the retailer defaulted on payment. Otherwise, the whole business of trade would falter.
• If A contracts to sell to B, but B does not claim the goods, and A sells them again to C, then C obtains A’s title. The principle here is that if one arranges to buy goods and doesn’t claim them, one can’t complain if the seller sells them to someone else instead.
• A person who buys in ‘Market Overt’ always obtains a good title, even if the seller’s title is worthless.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April 2024.