Things incident cannot be severed.

Explanation

(English-origin maxim.) Incidents that are inseparably attached to a principal right or estate cannot be severed from it — cite this to prevent a party from claiming the incident while disclaiming the principal, or vice versa.

Where this applies

• A landlord sells a building and tries to retain the right to collect rent from existing tenants; the court holds that the right to collect rent is incident to ownership and cannot be severed from the property itself.
• An easement for a shared driveway is attached to a parcel of land; the owner tries to sell the land while keeping the easement for himself, but the court rules the two are inseparable.
• A franchise agreement includes a non-compete clause that is incident to the franchise license; the franchisor tries to enforce the non-compete after terminating the license, but the court holds that the incident cannot be severed from its principal.