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NeCede's

Maxim 12.9.14

Long time and long use, which exceeds the memory of man, suffices in law.

Longum tempus et longus usus, qui excedit memoriam hominum, sufficit pro jure.

Source: Co. Litt. 115; Jackson Difficulty 2/5 — Approachable

Explanation

Immemorial usage — practice so old that no one remembers its origin — is presumed lawful and establishes right as effectively as a grant or statute.

Where this applies

  • This practice is so old nobody remembers when it started — that should establish my right.
  • Immemorial usage is presumed lawful and establishes right as effectively as a grant.
  • Use that exceeds the memory of man is sufficient to prove legal right.

Legal domains

See also

Cite this maxim

NeCede Max. 12.9.14 — Long time and long use, which exceeds the memory of man, suffices in law. — Co. Litt. 115; Jackson (Longum tempus et longus usus, qui excedit memoriam hominum, sufficit pro jure.)

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