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NeCede's

Maxim 4.5.11

Where a thing is owned in common or shared equally, it is agreed that the cause of him prohibiting its use is the better.

Source: Dig. 10, 3, 28; 3 Kent, Comm. 45; 16 Johns. (N.Y.) 438, 491; Weisman, 85i Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Where property is held in common, the party who forbids its use has the stronger position — cite this to block a co-owner's attempt to use or dispose of shared property without unanimous consent.

Where this applies

  • Three co-owners of a commercial building disagree about demolishing it for redevelopment; the two who want to proceed are blocked by the one who objects, because in common ownership the objector's cause is the better.
  • Joint owners of a shared driveway dispute whether to pave it; the owner who opposes has the stronger position and the project cannot go forward without his consent.
  • Co-tenants of farmland disagree about planting a new crop; the one who prohibits the change has the legally favored position over the one who proposes it.

Legal domains

Cite this maxim

NeCede Max. 4.5.11 — Where a thing is owned in common or shared equally, it is agreed that the cause of him prohibiting its use is the better. — Dig. 10, 3, 28; 3 Kent, Comm. 45; 16 Johns. (N.Y.) 438, 491; Weisman, 85i

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