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NeCede's

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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