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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