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NeCede's

Maxim 1.3.20

Custom is more powerful than grant.

Source: Black's, 907; Weisman, 27f Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Long-established custom carries more authority than a written grant — invoke this when a customary right predates and conflicts with a later conveyance or statutory license.

Where this applies

  • A family has used a footpath across a neighbor's land for over a hundred years, and when the neighbor produces a deed that makes no mention of the path, the court holds the long-standing custom of passage trumps the written grant.
  • A fishing community has harvested from a particular stretch of river for generations, and a new landowner's grant cannot extinguish the customary right that predates the deed.
  • A village market has operated on a town square since before anyone can remember, and a recent municipal lease of the square to a private developer cannot override the established custom.

Legal domains

Cite this maxim

NeCede Max. 1.3.20 — Custom is more powerful than grant. — Black's, 907; Weisman, 27f

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