The Outer Space Treaty, plainly.

Almost everyone who has ever wondered whether you can own a piece of the Moon has heard the answer "no — there's a treaty." Far fewer have read it. And the few who do are usually surprised, because the famous treaty is shorter, narrower, and more carefully worded than its reputation suggests. It does not say "no one may ever own anything in space." It says something far more specific — and the gap between what people think it says and what it actually says is where every serious conversation about off-world property begins.

The document is the 1967 Outer Space Treaty — formally, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. It is the foundation of all space law: a Cold-War-era agreement, drafted in the shadow of the space race, designed above all to keep space from becoming a new theatre for territorial conquest and nuclear weapons. Understanding it is the difference between honestly explaining what a claim on Mars can and cannot be, and either over-promising (the novelty-deed shops) or over-dismissing (the people who insist the treaty forbids far more than it does).

This article walks through the treaty in plain language — what it says, what it deliberately does not say, the agreements and national laws that came after it, and the unsettled question at its centre. We cover the parts that cut against the idea of private claims as well as the parts that leave room for them, because that is the whole basis of how we operate.

A few essentials orient everything else:

• Opened for signature 27 January 1967; entered into force 10 October 1967. It was opened simultaneously in three depositary capitals — London, Moscow, and Washington — a deliberate gesture of superpower co-sponsorship.
• It is widely ratified. More than 110 states are parties, including every major spacefaring nation. That breadth is why much of it is regarded as reflecting customary international law, binding even beyond its signatories.
• It is administered through the United Nations — the Committee on the Peaceful Uses of Outer Space (COPUOS), supported by the UN Office for Outer Space Affairs (UNOOSA).
• It is a framework, not a code. Seventeen articles of principles, not a detailed property or mining law. The treaty sets the boundaries; it leaves enormous room — sometimes deliberately, sometimes by omission — for what fills them in.

Keep that last point in mind. The treaty was written to prevent the worst outcomes of the space race — annexation and weaponization — not to legislate, in 1967, the property regime of a Martian settlement no one yet knew how to reach. Its silences are as important as its commands.

Of the treaty's seventeen articles, five carry almost all the weight for any question about claims, ownership, and activity on a celestial body.

Notice what these five do together. Article I makes space open to everyone. Article II stops any nation from fencing it off. Article VI makes nations answerable for what their citizens and companies do up there. Articles VII and VIII keep liability and legal control tied back to a responsible state on Earth. The architecture is consistent: space belongs to no nation, but every actor in it remains tethered to some nation that answers for them. That tether — Article VI — turns out to be the crux of the whole property debate.

The five articles above decide the land question, but the treaty is short enough to take in whole. Its formal name is the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. Here is every article in one line, with a few of its own words. The quotations come from the treaty text as NASA's History Office publishes it.

Read whole, the treaty is mostly about states and their duties to each other: weapons, rescue, liability, registration, inspection. Only Article II speaks to ownership, and it speaks to national ownership. Article XII is a quiet detail worth knowing: any station built on the Moon must be open to visits from other parties on a reciprocal basis, which is one more way the treaty keeps celestial ground from becoming anyone's private territory. Source: NASA History Office, text of the Outer Space Treaty.

Everything about off-world ownership routes through one sentence. Article II reads, in full:

Read it slowly, because the precise words matter enormously.

First: the subject of the ban is national appropriation. The prohibition is addressed to states — nations claiming sovereign territory. It was written to stop the United States or the Soviet Union from planting a flag and declaring a crater theirs, the way European powers once carved up continents. It is, on its face, a rule about sovereignty, not a rule about every conceivable private interest.

Second: the ban is sweeping in its methods — "by claim of sovereignty, by means of use or occupation, or by any other means." A nation cannot get around it by occupying instead of declaring, or by any clever alternative route. If the actor is a nation seeking sovereign control, every path is closed.

Third, and most consequentially: the treaty does not contain the words "private," "individual," "company," or "property." It does not say "no person may own land." It bars national appropriation by claim of sovereignty. Whether that silence means private claims are permitted, or whether private appropriation is implicitly swept in, is the single most debated question in the field — and we will treat it honestly rather than pretend it is settled in our favour.

The cleanest way to hold the treaty in your head is to separate what it unambiguously forbids from what it never directly addresses. The left column is settled. The right column is contested — and we label it as a question, not an answer.

This split is the honest center of the whole subject. The left column is why no one can legally sell you title to land on the Moon today — a claim of ownership ultimately needs a sovereign to grant and enforce it, and Article II makes sure no sovereign can. The right column is why the question is genuinely interesting rather than simply closed: the treaty's drafters, in 1967, did not write a private-property rule one way or the other, and reasonable lawyers have argued the silence both ways ever since.

The 1967 treaty did not end the conversation; it started a sixty-year one. The agreements and national laws that came after it are, in effect, the world arguing over how to fill the silences — and they have leaned, over time, toward permitting commercial activity while preserving the no-sovereignty rule.

Two patterns run through this list. First, every attempt at sovereign appropriation has failed — Bogotá was rejected, and the "common heritage" regime of the Moon Agreement collapsed for lack of buy-in. Second, the momentum of national law and policy has moved steadily toward permitting private commercial activity and resource ownership, carefully framed so as not to claim sovereignty over the ground itself. The U.S. and Luxembourg laws, and the Artemis Accords, all rest on the same reading we described above: that Article II bars nations from owning territory, not private parties from acquiring rights in resources and activities.

This is the question the whole industry circles, and both sides deserve a fair hearing, because the law has not resolved it.

The "room remains" reading

Article II bars national appropriation by claim of sovereignty. A private individual is not a nation and is not claiming sovereignty — so, the argument goes, a private property or use claim is simply outside the prohibition's text. On this reading, the silence is permission: what the treaty does not forbid, it leaves open. This is the logic the U.S. and Luxembourg leaned on to authorize private ownership of extracted resources, and that the Artemis Accords extended to the activity of extraction itself.

The "states must forbid it" counter-reading

The strongest argument against private claims runs through Article VI. Because nations bear international responsibility for the activities of their citizens and companies in space, and must authorize and continually supervise them, a private appropriation can only happen with a state's blessing — and a state that authorizes one of its nationals to appropriate territory would, the argument goes, be doing indirectly what Article II forbids it from doing directly. On this view, national responsibility closes the door that Article II's wording seems to leave ajar. Some of the treaty's own drafters — notably the jurist who chaired the legal negotiations — read Article II as reaching private property too.

The conclusion is the uncomfortable one: nobody knows for certain, because no authority with jurisdiction has ever decided it. There is no court for Mars, no land office for the Moon, and no test case. The question will be answered not by re-reading 1967 but by whatever legal regime humanity eventually builds when it actually settles these places — and that regime does not exist yet.

So where does the treaty leave a registry like this one? Exactly where we say it does, on every page — and the plain reading of the law is the reason our posture is what it is:

• We convey no legal title, and we never will. Article II and the absence of any sovereign with jurisdiction mean no enforceable ownership of off-world land can exist today. Anyone selling you a "deed" to a crater is selling a souvenir or a lie. We are emphatic about this because the treaty is emphatic about it.
• We assert no sovereignty. Every Red Homestead claim is a private, good-faith homestead claim made in acknowledged compliance with the Outer Space Treaty. We make no national claim of any kind — the one thing Article II actually forbids.
• We operate in the open space the treaty leaves. The treaty bars nations from owning territory; it does not, in its text, resolve the status of a documented private claim. We build squarely inside that unresolved gap — without pretending the gap is a guarantee.
• We bet on the record, not on the treaty. If off-world property rights are ever recognized, that recognition will come from a future regime weighing who has the earliest, clearest, best-documented good-faith claim. Our entire product is the construction of exactly that record.

The trajectory of the law since 1967 is, quietly, encouraging for the idea of private off-world activity: every sovereign grab has been rejected, while private commercial and resource rights have been progressively authorized by national law and international policy. None of that is a promise — the property question remains formally open, and may be resolved against private claims, or never resolved at all. But it is the honest landscape, and it is the reason a rigorous, transparent, treaty-compliant claim registry is a serious enterprise rather than a novelty.

The Outer Space Treaty does not let anyone own the Moon. What it does — and what most people miss — is leave open the question of what a careful, honest, well-documented private claim might one day be worth to an authority that does not yet exist. We are not in the business of answering that question prematurely. We are in the business of being ready for it.