''Nullum tempus occurrit regi'' ("no time runs against the king"), also abbreviated to ''nullum tempus'', is a

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

doctrine. In republics, it is often referred to as "''nullum tempus occurrit reipublicae''".

Meaning

The doctrine states that the crown is not subject to statutes of limitations or to the doctrine of laches. This means that the crown can proceed with actions that would be barred if brought by an individual due to the passage of time. It also makes it impossible to obtain property rights over government-owned land by

adverse possession Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land ( real property)—ma ...

, or "squatters' rights". The doctrine is considered by some to be an application of

sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger ...

to areas of law concerning statutes of limitations. While the two doctrines are often linked as concepts, and are considered by some jurisdictions to be intertwined in policy and practice, there is a debate on whether the two doctrines are actually related.

Purpose

Some legal experts assert that ''Nullum tempus'' is designed to protect public interests, on the belief that members of the public should not have to be liable for an official's failure to bring timely actions. In the United States, the Supreme Court listed a separate purpose for ''nullum tempus'', asserting, in a 1938 ruling, that since the King is always busily working for the public good, it does not have time to assert his rights, within the timeframe that is normally given to his subjects.

Criticism

Some legal experts have called for the abolition of ''nullum tempus''. They argue that sovereign immunity, which they assert is the legal underpinning of ''nullum tempus'', can lead to unjust results, and that ''nullum tempus'' is difficult to justify because policies underlying sovereign immunity bears no logical relations to those that support statutes of limitation. Some also argue that ''nullum tempus'' needs to be abolished, at least in matters relating to tax laws, in order to provide finality for matters, encourage timeliness of claims, harmonize tax laws with other administrative laws, promote administrative and

judicial economy Judicial economy or procedural economy is the principle that the limited resources of the legal system or a given court should be conserved by the refusal to decide one or more claims raised in a case. For example, the plaintiff may claim that the ...

, and discourage arbitrary assessments.

Use by regions

Canada

For civil cases in

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

, the statute of limitation for non-governmental entities vary by province, any can vary from 1 to 20 years, depending on the case. The crown, however, enjoys a longer statute of limitation in some cases. In

Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...

, the ''Limitations of Actions Act'' in 1837 puts a 60-year statute of limitations on the crown to pursue any claims on lands or rent. The 60-year limitation was also mentioned in the ''Real Property Limitations Act''. The 60-year limitation is a legacy of legislation from the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

, as mentioned below.

United Kingdom

In the United Kingdom, application of ''nullum tempus'' was restricted, but not ended entirely, by the Nullum Tempus Acts of 1623 and 1769, which barred Crown claims that predated 60 years. In a court ruling in Canada's Nova Scotia province that mentioned the history of ''nullum tempus'' in the United Kingdom, it was noted that the rationale for the acts was that the King at the time wished people can hold the lands which they and their ancestors had enjoyed.

United States

On the federal level, ''nullum tempus'' is a legacy of British law, dating back to the nation's time as a group of British colonies. It has been recognized by the Supreme Court as a valid legal doctrine since at least 1878. Many states within the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

have court opinions or laws that mention or delineate the use of ''nullum tempus''. The frequency of such court rulings or laws, as well as its applicability or limitations, vary by state. ''Nullum tempus'' is no longer applicable in 13 states. Of those 13 states,

Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its capita ...

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...

Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...

Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...

Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...

Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...

and

North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the indigenous Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minnesota to the east, So ...

abolished the doctrine via legislation, while

Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...

Colorado Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the wes ...

Nevada Nevada ( ; ) is a state in the Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the 7th-most extensive, ...

New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...

, New York and

South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...

abolished it via a court ruling The applicability of ''nullum tempus'' in

Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...

is unclear, and

Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S. ...

's Supreme Court has never addressed, discussed or otherwise mentioned ''nullum tempus'' in its rulings.

References

Legal rules with Latin names Common law rules {{law-stub