It's a bizarre thought. You look up at that glowing white rock, and you wonder if some billionaire or government has already slapped a "Private Property" sign on a crater somewhere. With the Artemis missions ramping up and private companies like SpaceX and Blue Origin eyeing the lunar surface, the question of does anyone own the moon isn't just for sci-fi fans anymore. It’s a legal minefield.
Honestly? The answer is a hard no. But also, kinda maybe.
In 1967, right in the heat of the Cold War, the world’s superpowers realized that if they didn't set some ground rules, the moon was going to become the 17th century Caribbean all over again—full of pirates and land grabs. So, they signed the Outer Space Treaty. It’s basically the "Constitution" of space. It’s a short document, but it has one massive, world-changing rule: no nation can claim sovereignty over the moon or any other celestial body. Not by hoisting a flag. Not by occupying it. Not by any means.
The loophole that keeps lawyers awake at night
So, nations can’t own it. Great. But what about you? What about Dennis Hope, the guy who famously "claimed" the moon in the 80s and started selling deeds for twenty bucks?
The Outer Space Treaty specifically says "national appropriation" is banned. It doesn't explicitly mention private individuals. Now, most legal experts—people like Frans von der Dunk, a heavy hitter in space law—will tell you that if a nation can’t own it, they can’t grant you the right to own it either. You can't give away what you don't have. But that hasn't stopped a cottage industry of "Moon Deeds" from popping up. Just a heads-up: those pieces of paper are worth exactly the ink printed on them. They hold zero weight in a real court of law.
Space law is basically a gentleman’s agreement that worked fine when nobody could actually get there. Now that we can? The cracks are showing.
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The 1979 Moon Agreement: The treaty that failed
There was an attempt to fix the ambiguity. The 1979 Moon Agreement tried to declare the moon the "common heritage of mankind." It basically said that if you make money off lunar resources, you have to share the wealth with the rest of the world.
Unsurprisingly, the big players—the US, Russia, and China—looked at that and said, "No thanks."
Because only a handful of countries signed it (mostly nations without space programs), the Moon Agreement is essentially a dead letter. It exists on paper, but it has no teeth. This left the door wide open for the commercialization we’re seeing today.
Mining the moon: If you can't own the land, can you own the dirt?
This is where things get spicy. Think about the high seas. Nobody owns the Atlantic Ocean. But if a fisherman pulls a tuna out of the water, that tuna belongs to the fisherman.
That’s exactly how the US is currently interpreting the question of does anyone own the moon. The US passed the Commercial Space Launch Competitiveness Act in 2015. It basically says: "Look, you don't own the moon, but if you dig up some lunar regolith or water ice, that stuff is yours to keep, use, or sell."
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NASA’s Artemis Accords are pushing this even further.
They’ve created these things called "Safety Zones." If a company or country has a base, they can declare a zone around it where others shouldn't interfere. Critics, especially in Russia and China, argue this is "creeping sovereignty." It’s ownership by another name. If I can tell you that you aren't allowed to walk within 10 miles of my equipment, do I effectively own those 10 miles?
Real-world stakes: Why this matters right now
We aren't just talking about ego or flags. We’re talking about water.
Water ice at the lunar south pole is the "oil" of the 21st century. You can drink it, sure, but you can also crack it into hydrogen and oxygen to make rocket fuel. If you control the water, you control the "gas station" for the rest of the solar system.
The Lunar South Pole is tiny. The areas with permanent shadow—where the ice stays frozen—are even tinier.
- Shackleton Crater: A prime spot for water.
- Peaks of Eternal Light: Ridges that get almost constant sun for solar power.
These are the "Manhattan real estate" of the moon. If China lands there first and sets up a "safety zone," and then the US arrives and finds the best spots taken, things get tense. Fast.
The Dennis Hope factor and lunar "deeds"
Let’s circle back to the people selling the moon. Dennis Hope’s "Lunar Embassy" claims to have sold millions of acres. He even sent a note to the UN claiming the moon and said if they didn't like it, they should tell him. They didn't reply, which he took as a "yes."
Legally, it’s a joke.
Under the 1967 treaty, states are responsible for the activities of their citizens in space. So, if the US government doesn't recognize Dennis’s claim, the claim doesn't exist. If you’ve bought one of these, you have a cool conversation starter for your office wall. You don't have a vacation home.
What happens when two people want the same crater?
Right now, we don't have a space police force. We don't even have a traffic controller for the moon.
If a Japanese rover accidentally bumps into a Chinese lander, who settles the bill? The Liability Convention of 1972 says the "launching state" is responsible. But as we get more people up there, the risk of "intentional interference" grows.
The Artemis Accords, signed by dozens of countries (but notably not Russia or China), try to establish a "de-confliction" process. It’s a start. But it’s not a global law. It’s a club. And if you aren't in the club, you aren't playing by the same rules.
Practical takeaways for the future of lunar property
The moon is currently a "global commons," but that definition is being stretched to its absolute limit. If you're following this topic, here is the reality of the situation today:
- National claims are illegal: No country can say the moon is part of their territory.
- Private "deeds" are decorative: Don't spend your retirement fund on lunar acreage.
- Resource ownership is the new frontier: The consensus is shifting toward "finders keepers" for minerals and water, even if you don't own the ground they’re sitting in.
- Safety zones are the "soft" version of ownership: Watch for how these are enforced over the next decade.
Keep an eye on the International Lunar Research Station (ILRS)—the joint project between China and Russia. It’s the direct competitor to NASA’s Artemis. How these two groups interact on the lunar south pole will decide the future of space law.
If you want to stay ahead of this, look into the Hague Space Resources Governance Working Group. They are the ones doing the boring, vital work of trying to turn these vague treaties into actual laws that companies can follow without starting a war. The moon might not belong to anyone yet, but the race to control its most valuable corners is very much on.
Next Steps for the Space Enthusiast
To get a real sense of how this is playing out, track the Artemis III landing site selections. NASA has already identified several "candidate regions." Map those against the regions China is targeting for their Chang'e missions. Where those circles overlap is where the future of lunar "ownership" will be decided. You should also read the full text of the 1967 Outer Space Treaty; it's surprisingly readable and only about 17 pages long. It’s the only thing standing between the moon and a total free-for-all.