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

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

doctrine. In

republic A republic, based on the Latin phrase ''res publica'' ('public affair' or 'people's affair'), is a State (polity), state in which Power (social and political), political power rests with the public (people), typically through their Representat ...

s, 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 in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (p ...

, 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 monarch, sovereign or State (polity), state cannot commit a legal wrong and is immune from lawsuit, civil suit or criminal law, criminal prosecution, strictly speaking in mode ...

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 In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

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, and discourage arbitrary assessments.

Use by regions

Canada

For civil cases in

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

, 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 a Provinces and territories of Canada, province of Canada, located on its east coast. It is one of the three Maritime Canada, Maritime provinces and Population of Canada by province and territory, most populous province in Atlan ...

, 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 Northwestern Europe, off the coast of European mainland, the 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

as a valid legal doctrine since at least 1878. Many states within the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

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 a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...

Minnesota Minnesota ( ) is a U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the so ...

Missouri Missouri (''see #Etymology and pronunciation, pronunciation'') is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it border ...

Montana Montana ( ) is a landlocked U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Idaho to the west, North Dakota to the east, South Dakota to the southeast, Wyoming to the south, an ...

and

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

abolished the doctrine via legislation, while

Arizona Arizona is a U.S. state, state in the Southwestern United States, Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the nort ...

Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...

Nevada Nevada ( ; ) is a landlocked state in the Western United States. It borders Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the seventh-most extensive, th ...

New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...

, New York and

South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...

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

Tennessee Tennessee (, ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Kentucky to the north, Virginia to the northeast, North Carolina t ...

is unclear, and

Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...

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

References

{{Italic title Legal rules with Latin names Common law rules