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NeCede's

Maxim 11.4.5

It gains strength by continuance.

Source: Mann v. Mann Ex'rs, 1 Johns. Ch. (N.Y.) 231, 237; Weisman, 23h; Weisman, 23b Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A right, custom, or practice that has been continuously maintained accumulates legal force over time — uninterrupted use is the strongest proof of right.

Where this applies

  • A family has used a footpath across a neighbor's field for sixty years without interruption — each passing year strengthens their claim to a prescriptive easement.
  • A local church has rung its bells every Sunday morning for over a century; when new residents complain of noise, the church's unbroken custom carries greater legal weight than it would after just a few years.
  • A business has operated under the same trade name for forty years, and a newcomer tries to register a similar name — the older business's continuous use gives it a stronger claim.

Legal domains

Cite this maxim

NeCede Max. 11.4.5 — It gains strength by continuance. — Mann v. Mann Ex'rs, 1 Johns. Ch. (N.Y.) 231, 237; Weisman, 23h; Weisman, 23b

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