Maxim 4.6.22
Things incident pass by the grant of the principal.
Source: Seymour v. C & N R.R. Co., 25 Barb. (N.Y.) 284, 310; Weisman, 93f
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A grant of the principal carries with it all its incidents — cite this to argue that a conveyance of an estate automatically transfers the easements, privileges, and appurtenances that belong to it.
Where this applies
- A homeowner sells her house, and the buyer automatically receives the easement for the driveway that serves the property because incidents pass with the grant of the principal.
- A company acquires a factory, and the court holds that the existing utility easements and water rights transfer automatically because they are incidents of the principal property.
- A ranch is conveyed by deed, and the buyer claims the grazing rights on adjacent public land that were always appurtenant to the ranch; the court agrees because things incident pass by the grant of the principal.
Cite this maxim
NeCede Max. 4.6.22 — Things incident pass by the grant of the principal. — Seymour v. C & N R.R. Co., 25 Barb. (N.Y.) 284, 310; Weisman, 93f
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