Property Law in Middle Earth
Here I am, minding my own business and studying for finals when I make the mistake of mentioning to a couple of friends that my default is to have The Hobbit Trilogy and Lord of the Rings playing for background noise.
- PLEASE NOTE THIS IS NOT LEGAL ADVICE BY ANY MEANS
My Smart Ass Friend #1 (MSAF1): Gollum lost the One Ring in the Misty Mountain and Bilbo found it, but it was originally created by Sauran. Who owns the One Ring?
Me: No one because the ring was destroyed in the fires of Mount Doom and you can't own property that no longer exists
MSAF1: My question takes place during The Hobbit
Me: 😒 fine
Me: Bilbo's title is good against anyone’s other than the previous finder or true owner. In this case Gollum, being the previous finder, would need to bring an action in an attempt to reclaim the Ring in order to exercise his previous title. Sauron's title, being the true owner, is superior to both Bilbo's and Gollum's. However, at the end of the Hobbit neither Sauron nor Gollum have brought an action to reclaim the One Ring from Bilbo. Therefore Bilbo, being a finder and current possessor, is the owner of the One Ring at the end of The Hobbit.
Additionally, there is a Prevailing Public Interest in not to give the Ring back to Sauron and instead awarding title to practically Anybody Else (if title must be awarded at all instead of just destroying the damn thing).
My Smart Ass Friend #2 (MSAF2): 😏
Me: no.
MSAF2: Unless maybe the dwarfs have a claim as ruler of the land.
Me: siiiiiiiiiigh
MSAF 1 & 2: 🤜🤛
Me: The dwarves would not have a claim because, at the time Gollum lost the Ring, they did not have ownership of the Misty Mountains, where Gollum lived. The Goblins had ownership by adverse possession. However, the Goblins would also not have a claim because Gollum lost the Ring rather than mislaid it. Had Gollum mislaid it, then yes, the owner of the local, aka the Goblins, would have a claim. Instead, because Gollum lost the Ring, the next finder, aka Bilbo, has title.
MSAF1: The original owner always has the strongest claim to lost property. In this case you could even say that the One Ring was stolen by Isildur.
Me: A thief's title is the same as a finder (which I think is problematic as fuck) subject only to the true owner or to the previous owner, be they finder or thief. Therefore, Isildur had a good title subject only to Sauron's title as Sauron was both the true & previous owner. However, Isildur lost the Ring moments before he was killed. As such, when Smeagol found the Ring, he had a finder's title.
