In legal practice, in rerum natura describes something that actually exists at the relevant time, rather than being future, contingent or merely contemplated. The phrase is not defined by statute; it is a Latin tag used in case law and legal writing across the UK and Ireland to indicate a requirement of real, present existence.
Typical uses include:
- Property and trusts: a present conveyance or trust cannot transfer rights in property not yet in rerum natura, though agreements over future property may take effect when it comes into being (subject to the relevant rules of equity or, in Scotland, the creation of a real right on delivery/registration).
- Easements and servitudes: rights cannot be granted over, or for the benefit of, land that is not yet in existence.
- Company law: a company not yet in rerum natura cannot be a party to a binding contract; liability for pre-incorporation contracts generally rests with the promoter unless and until dealt with under the applicable Companies Acts or by novation.
- Sale of goods: distinguishes existing goods from future goods.
Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.