Maxim 1.5.201
Every grant is to be most strongly taken against the grantor.
Quaelibet concessio fortissime contra donatorem interpretanda est.
Source: Co. Litt. 183; Jackson
Difficulty 2/5 — Approachable
Explanation
Ambiguities in a grant are resolved against the party who drafted it — the grantor had the opportunity to express himself clearly and bears the consequence of any uncertainty.
Where this applies
- A land deed is ambiguous and the buyer argues for the broader reading.
- A grant is unclear and the dispute is whether to construe it for or against the grantor.
Cite this maxim
NeCede Max. 1.5.201 — Every grant is to be most strongly taken against the grantor. — Co. Litt. 183; Jackson (Quaelibet concessio fortissime contra donatorem interpretanda est.)
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