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NeCede's

Maxim 1.5.289

There is something more perfect in things allowed.

Source: Hob. 159; Weisman, 72d Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim — no Latin equivalent; the English title is the original form.) A lawful act carries greater weight and perfection than one merely tolerated or overlooked — rights exercised with affirmative legal sanction stand on stronger ground than those existing by sufferance alone.

Where this applies

  • A landowner holds property by affirmative grant from the state, and her title is stronger than that of a squatter who merely occupies land without objection.
  • A licensed professional operates under explicit statutory authorization, and her practice stands on firmer ground than that of someone who practices merely because no one has stopped them.
  • An easement created by a formal recorded deed carries greater legal weight than one that exists only because the property owner has tolerated the use without complaint.

Legal domains

Cite this maxim

NeCede Max. 1.5.289 — There is something more perfect in things allowed. — Hob. 159; Weisman, 72d

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