Maxim 1.5.155
Nothing is prescribed except what is possessed.
Nihil prescribitur nisi quod possidetur.
Source: 5 B. & A. 277; Jackson
Difficulty 2/5 — Approachable
Explanation
A prescriptive right can only be claimed over property one actually possesses — mere assertion of a right, without actual enjoyment, cannot ripen into prescription.
Where this applies
- Someone claims prescriptive rights over property they never actually possessed.
- A party asserts a right by long use but was never in actual control of the thing.
Legal domains
Cite this maxim
NeCede Max. 1.5.155 — Nothing is prescribed except what is possessed. — 5 B. & A. 277; Jackson (Nihil prescribitur nisi quod possidetur.)
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