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NeCede's

Maxim 5.1.16

Two persons cannot possess one thing in entirety.

Duo non possunt in solido unam rem possidere.

Source: Co. Litt. 368; Jackson Difficulty 2/5 — Approachable

Explanation

Two persons cannot each have sole and exclusive possession of the same thing at the same time — co-possession is possible, but not two independent claims of total possession.

Where this applies

  • Two brothers each claim to be the sole and exclusive owner of their late father's truck, but the law cannot recognize two people as each having total individual possession of the same vehicle at the same time — one must yield, or they must share as co-owners.
  • A landlord and a squatter both claim exclusive possession of a vacant building — the court must determine which one actually holds possession, because two parties cannot each possess the same property in its entirety simultaneously.
  • Two ranchers each insist they alone possess and control a disputed watering hole — the law recognizes that while they may share use of it, they cannot both claim sole and exclusive possession of the same resource.

Legal domains

Cite this maxim

NeCede Max. 5.1.16 — Two persons cannot possess one thing in entirety. — Co. Litt. 368; Jackson (Duo non possunt in solido unam rem possidere.)

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