Maxim 5.1.13
Long possession begets right.
Longa possessio jus parit.
Source: Co. Litt. 110b, 115a; Fleta, lib. 3, c. 15, s. 6
Difficulty 2/5 — Approachable
Explanation
Continuous, quiet possession over time ripens into a right that the law will defend, even against a prior claimant who slept on his rights.
Where this applies
- A family has used a footpath across a neighboring parcel to reach the river for over fifty years without objection — their long and continuous possession of that right of way has ripened into a legal right the neighbor can no longer deny.
- A rancher has grazed cattle on an unfenced section of open land for three generations, and no one has ever challenged his use — his decades of quiet possession have created a prescriptive right that the law will now defend.
- A church has maintained and used a small cemetery plot on adjacent private land for over a century with the landowner's knowledge and silence — the long, uninterrupted use has begotten a right that a new owner cannot simply revoke.
Legal domains
See also
Cite this maxim
NeCede Max. 5.1.13 — Long possession begets right. — Co. Litt. 110b, 115a; Fleta, lib. 3, c. 15, s. 6 (Longa possessio jus parit.)
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