Maxim 11.2.10
A charter concerning a thing not in existence is of no avail.
Charta de non ente non valet.
Source: Co. Litt. 36a; Jackson
Difficulty 1/5 — Foundational
Explanation
A deed or grant that purports to convey something that does not exist is a nullity — the law cannot clothe with validity what has no substance.
Where this applies
- A deed that purports to convey something that doesn't exist is worthless.
- They granted me rights to something that was never real in the first place.
- You can't convey what doesn't exist — the grant is a nullity.
See also
Cite this maxim
NeCede Max. 11.2.10 — A charter concerning a thing not in existence is of no avail. — Co. Litt. 36a; Jackson (Charta de non ente non valet.)
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