OWNERSHIP OF LAND ON MARS: PROPERTY LAW PERSPECTIVE
AUTHOR – OWAIZ AHMED KHAN SHIRANI, STUDENT AT ST, JOSEPH’S COLLEGE OF LAW, BANGALORE
BEST CITATION – OWAIZ AHMED KHAN SHIRANI, OWNERSHIP OF LAND ON MARS: PROPERTY LAW PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 1074-1079, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I9111
ABSTRACT
As human settlement and commercial activities on Mars become increasingly possible, the question of land ownership on Mars raises significant challenges from a property law perspective. With the increased likelihood of settlement and commercial activities taking place on Mars, many legal questions arise in relation to Mars land ownership. This paper looks at how the property law doctrines can be applied to the ownership and use of Martian lands. Property law has various ways of recognizing rights to property, such as possession, occupation, control, transfer, and the exclusive use of land. The problem that arises is the lack of any sovereign body on Mars that will enable the creation and recognition of these rights.One of the major doctrines studied in this research work is res nullius, which involves property belonging to nobody that may be acquired through occupation. The res nullius doctrine has played an important role in shaping property laws by offering an ability to establish the right to ownership of property that was previously unowned. It is analyzed whether the Martian lands can be classified as res nullius and if acquisition of Martian land through occupation, development or control will allow one to acquire title to the land.This study also discusses some of the basic property law doctrines such as first possession, labor theory of property, adverse possession and bundle of rights.The study further analyses key property law principles, including first possession, labor theory of property, adverse possession, and the bundle of rights concept, to assess their relevance to future Martian settlements. These theories are used to examine how ownership, use rights, and resource exploitation might be structured in the absence of a traditional legal system.The paper argues that existing legal rules are insufficient to address property claims on Mars and that a specialized framework is required. Such a framework should balance private interests, economic development, legal certainty, and the collective interests of humanity while promoting peaceful and sustainable settlement of Mars.