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NeCede's

Maxim 2.4.15

A continual usage is of great effect to establish a right.

Source: 4 Coke, 78; Wing. Max. p. 719, max. 192; Williams v. U.S., 341 US 97, 101; Weisman, 77n Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Long and uninterrupted exercise of a right is powerful evidence of its existence — cite this to establish prescriptive rights, customary easements, or longstanding community practices as legally binding.

Where this applies

  • A family has walked across a neighbor's field every day for sixty years to reach the river, and the court recognizes a prescriptive easement because the continuous use powerfully establishes the right.
  • A community has held a market on a particular town square every Saturday for over a century, and the court holds the longstanding custom has the force of law establishing the community's right to use the space.
  • A church has rung its bells at noon every day for two hundred years, and when a new neighbor complains of noise, the court finds the continuous usage establishes a right that cannot be taken away.

Legal domains

Cite this maxim

NeCede Max. 2.4.15 — A continual usage is of great effect to establish a right. — 4 Coke, 78; Wing. Max. p. 719, max. 192; Williams v. U.S., 341 US 97, 101; Weisman, 77n

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