Saskia Vermeylen considers what it might take to own a lunar homestead:
If you just simply occupy a place and no one else can access or use it, aren’t you the de facto owner? Lawyers call this corporate possession (corpus possidendi) and it represents another reason why title deeds cannot be a legal proof of lunar ownership – no one is physically there. In order to possess something, both mind and body need to be involved. Intention alone is not sufficient; possession also requires a physical act.
The difficulty of physically establishing an act of possession on the moon should protect it from private development, but it seems technology is once again outsmarting the law. Back in the late 1990s commercial firm SpaceDev intended to land robotic prospectors on an asteroid to conduct experiments and claim it as private property. The project eventually ran out of funds and was shelved, but advocates of such “telepossession” point to cases of salvage companies claiming undersea wrecks as property after exploring them with robots. …
I get the uncomfortable feeling of a déjà vu. Was it not Locke’s property theory that justified possession over nature and vacant land and eventually led to the colonization of the Americas?