Nemo Dat Quod Non Habet

This legal maxim asserts that a person cannot transfer a better title to a property than they possess. Essentially, if an individual does not have ownership or legal rights to a piece of property, they cannot convey those rights to another party.

The maxim originates from Roman law, encapsulating fundamental principles of property rights and ownership. It has been utilized for centuries to establish the limits of property transactions and the enforcement of ownership rights.

In modern law, this principle is pivotal in transactions involving the sale of goods and property. It ensures that purchasers are protected against buying stolen or misrepresented items, reinforcing the validity of ownership before a transfer occurs.

• A person who buys a car from a seller does not gain ownership if the seller stole the car, as the thief did not own it legitimately.
• In a real estate transaction, if a seller attempts to sell a property they do not own, the buyer acquires no legal claim to that property.

• Goodman v. Harvey (1830)