Nemo dat rule meaning

In practice, the nemo dat rule means a person who is not the owner, or who lacks authority from the owner, cannot transfer to a buyer a better title to land or goods than they themselves have. A buyer from a thief or an unauthorised seller generally acquires no title. The rule is a common law principle (nemo dat quod non habet) used across property law. For goods, it is reflected in legislation: in the UK by the Sale of Goods Act 1979 and related statutes; in Ireland by the Sale of Goods Acts 1893–1980. Typical statutory and common law exceptions include: estoppel by the true owner; sales under voidable title before rescission; disposition by a mercantile agent acting within apparent authority; sales under statutory or court powers; and the “seller/buyer in possession” rules. These provisions aim to balance protection of the true owner with commercial certainty for good faith purchasers. For land, registration regimes modify nemo dat. Purchasers relying on the register may take free of certain unprotected or off-register interests (subject to fraud and overriding/protected interests), and Scotland’s system includes statutory “realignment” for good faith acquirers. Across England and Wales, Scotland, Northern Ireland and Ireland, the core principle is consistent,...