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NeCede's

Maxim 4.4.21

Every principal thing draws the accessory to itself.

Omne principale trahit ad se accessorium.

Source: Wharton, III-235; Weisman, 95pp Difficulty 3/5 — Intermediate

Explanation

When the principal thing is granted, transferred, or extinguished, the accessory follows — cite this to argue that a conveyance of the principal estate carries with it all easements, incidents, and appurtenances attached to it.

Where this applies

  • A landowner sells a farm, and the court holds that the sale automatically includes the irrigation easement attached to the land because the accessory follows the principal.
  • A car is sold at auction, and the buyer argues that the spare tire and jack in the trunk are included because accessories follow the principal thing.
  • A company sells its flagship product line, and the court rules that the associated trademarks and trade secrets transfer automatically because they are accessory to the principal asset.

Legal domains

Cite this maxim

NeCede Max. 4.4.21 — Every principal thing draws the accessory to itself. — Wharton, III-235; Weisman, 95pp (Omne principale trahit ad se accessorium.)

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