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NeCede's

Maxim 12.9.17

Prescription is a title by authority of law, deriving its force from use and time.

Praescriptio est titulus ex usu et tempore substantiam capiens ab auctoritate legis.

Source: Co. Litt. 118; Jackson Difficulty 2/5 — Approachable

Explanation

Prescriptive title arises from continuous use over time and is confirmed by operation of law; it is not a grant from any person but a right born of established practice.

Where this applies

  • I've been using this property continuously for decades — I've earned prescriptive rights.
  • Prescriptive title comes from long continuous use recognized by law.
  • My right to this land is established by uninterrupted use over time.

Legal domains

See also

Cite this maxim

NeCede Max. 12.9.17 — Prescription is a title by authority of law, deriving its force from use and time. — Co. Litt. 118; Jackson (Praescriptio est titulus ex usu et tempore substantiam capiens ab auctoritate legis.)

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