According to reports, Law is the fifth most difficult subject to study at university; as a law student, often I find myself wanting to claw my eyes out because of it… without sounding dramatic. This was until I found a revision method that could help me.
Ultimately, learning is personal, and applying any subject to fantasy worlds may not be what all law students find helpful. But, for some, it might just be what they are looking for. So, if you are that kind of student, or just someone who loves the works of Tolkien, then you have come to the right place.
The Hobbit Summary
In short, The Hobbit follows a company of dwarves on a quest to reclaim their ancestral home, Erebor (aka the Lonely Mountain). The mountain was seized by the dragon, Smaug, who slaughtered many of the dwarves in his pursuit of wealth and dominion, forcing the survivors into exile.
This blog focuses to Erebor itself, examining the ownership of it through the lens of adverse possession, considering two occupiers:
- Thrór, the dwarven king who resettled the mountain after centuries of abandonment; and
- Smaug, the dragon who later took possession of it by force off Thrór.
Simply, adverse possession is a legal rule that can allow someone who occupies land they do not legally own on paper to become the owner after a period of occupation.
The Ownership History of Erebor
Erebor was passed down through inheritance to each owner’s child. Originally, it was founded by Thráin I, who passed it down to Thorin I.
Thorin I then abanded it, and left it empty for approximately 380 years. Thrór (Thorin I’s son) then moved back in before Smaug took it by force.
Thrór could have inherited it, but since Thorin I abandoned it then it would be difficult to claim this – and even if he did inherit it, it would be difficult to prove in reality without the right documentation.
Adverse Possession Law
The law of adverse possession is dependant on whether the land is registered or unregistered – most properties in England are registered on the Land Registry however, for the purposes of this blog, we will consider Erebor to be unregistered since there is no Land Registry in Middle-Earth (at least there is no mention of it regarding Erebor).
The law on adverse possession for unregistered land is laid out in the Limitation Act (1980) section (s) 15. This provides that the owner of land can no longer bring an action to recover possession once 12 years have passed since the cause of action of occupying the land began. Afterwards, s17 states that the owner’s title is extinguished and the adverse possessor holds the best title.
To succeed in an adverse possession claim, three elements must be satisfied:
- Factual Possession
- The clear physical control over the land with exclusion of others.
- Intention to Possess
- A deliberate intention to occupy acting as the owner already and excluding the world at large.
- Adverse Occupation
- The occupation without the owner’s permission, uninterrupted for 12 years at least.
Thrór and Erebor
Thrór (Thorin I’s son) repossessed it after the period of abandonment, meaning the original dwarven owners were not present to assert any rights when Thrór moved back in and made it his home.
Therefore, his occupation was:
- Clear and Exclusive
- Thrór and his company lived there and no other party exercised control.
- Intentional
- Thrór deliberately decided to occupy it back, excluding others from it besides his company.
- Adverse Continuously
- There was no permission by anyone, and he was uninterrupted for a period of 12 years as required.
These are confirmed in the case of Powell v McFarlane and J A Pye.
Because Thrór’s occupation met all the legal requirements, the dwarven claim to Erebor would be effective under English adverse possession law for unregistered land. Legally, the previous owner’s rights to recover the land would be barred, and Thrór would hold possessory title that could be recognised as full ownership as no superior title remained.
Simply, if land has been left empty and unused for a long time, someone who enters it and uses it like an owner can become the legal owner after 12 years of undisturbed occupation. Thrór met these requirements.
Smaug and Erebor
After approximately 180 years of Thrór and his company living in Erebor, Smaug attacked them. The surviving dwarves fled and Smaug lived in the mountain for almost 200 years, guarding the treasure and using it as his own lair.
Despite Smaug using violence, there was no dwarves which asserted their control over him to stop him from occupying Erebor.
Therefore, his occupation was:
- Clear and Exclusive
- Smaug lived there for almost 200 years and no party exercised control apart from Thorin (II) Oakenshield after this period of time.
- Intentional
- Despite Smaug being initially attracted to Erebor for the amount of gold and the Arkenstone, he intended on staying there for that amount of time and making it his home.
- Adverse Continuously
- There was no permission from anyone, in fact his presence was unlawful and hostile to the dwarven title meaning his occupation was truly adverse, and it was for far longer than the 12 year requirement.
So, under the law of adverse possession for unregistered land, Smaug’s occupation of Erebor would satisfy the legal requirements.
This feels counter-intuitive to say that Smaug would be the legal owner when he took it by violence, but adverse possession law is deliberately indifferent as to how possession begins. The law does not require peaceful entry, and the Limitation Act 1980 focuses on whether the owner fails to recover possession within the statutory period of time.
What would have defeated Smaug’s claim is not the violence itself, but effective re-entry by the dwarves within 12 years of Smaug claiming it. However, failed resistance does not interrupt adverse possession.
Obviously, Smaug would be charged with other crimes or wrongs like trespass and murder, but since in reality he was not arrested or faced consequences to his actions, the law still applies as it does above.
Conclusion
By applying the law of adverse possession to Erebor, we can see that the outcome in The Hobbit is not as straightforward as it first appears. Although the dwarves ultimately beat Smaug by force and reclaimed Erebor, English law would not automatically favour them. Legally, Smaug’s occupation of Erebor means that he could have acquired ownership of the mountain through adverse possesion.
The contrast between Tolkien’s narrative justice and the pragmatism of land law is precisely what makes adverse possession such a challenging doctrine to grasp. Hopefully, viewing it through the lens of Middle-Earth has helped to clarify how possession, intention, and time operate.
This discussion should not be relied upon as legal advice, it is intentionally simplified and the law of adverse possession contains further complexities that have not been explllored here.
Next time, I will turn to environmental law and consider whether Saruman’s destruction of Fangorn Forest would amount to a legal barrier under the English environmental principles.
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