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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