Maxim 1.5.229
No one can have a servitude over his own property.
Res sua nemini servit.
Source: Jackson
Difficulty 3/5 — Intermediate
Explanation
A servitude requires two distinct parties — an owner cannot hold an easement or other servitude against himself, because the dominant and servient estates must be in different hands.
Where this applies
- A landowner claims an easement over their own land.
- Someone tries to maintain a servitude when both parcels have merged into single ownership.
Legal domains
Cite this maxim
NeCede Max. 1.5.229 — No one can have a servitude over his own property. — Jackson (Res sua nemini servit.)
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