Maxim 1.5.237
The term and the fee cannot both be in one and the same person at the same time.
Terminus et feodum non possunt constare simul in una eademque persona.
Source: Plow. Com. 29; Jackson
Difficulty 3/5 — Intermediate
Explanation
When a lessee acquires the fee, the lesser estate merges into the greater — two inconsistent estates cannot coexist in one person, and the lesser is absorbed.
Where this applies
- A tenant acquires the fee ownership of the property they are leasing.
- A leaseholder buys the property and the lease merges into the ownership.
Legal domains
Cite this maxim
NeCede Max. 1.5.237 — The term and the fee cannot both be in one and the same person at the same time. — Plow. Com. 29; Jackson (Terminus et feodum non possunt constare simul in una eademque persona.)
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