If a person neglect to insist on his right, he is deemed to have abandoned it.

Explanation

(English-origin maxim.) Rights recognized by the common law must be actively asserted — a man who knows of a trespass upon his rights and remains silent is presumed to have waived them. This maxim underscores why timely notice and demand are essential to the preservation of every natural and constitutional right.

Where this applies

• A homeowner knows the city is encroaching on her property rights through a new zoning ordinance but does nothing for years, and the court holds she has abandoned her right to challenge the ordinance by failing to assert it.
• A patent holder discovers infringement but takes no action for a decade, and the court treats the patent right as effectively abandoned because the holder neglected to insist on it.
• A creditor learns of a debtor's assets but fails to pursue collection for years, and the court deems the debt effectively waived because the creditor's silence is treated as acquiescence.