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NeCede's

Maxim 5.1.23

No one can have a servitude over his own property.

Nulli enim res sua servit jure servitutis.

Source: Dig. 8, 2, 26; 17 Mass. 443; 2 Bouv. Inst. n. 1600; Bouvier, *Law Dictionary* (1856) Difficulty 3/5 — Intermediate

Explanation

A man cannot create an easement or servitude burdening his own land in his own favor — the full ownership already includes every lesser right of use.

Where this applies

  • Can I grant myself an easement across my own property?
  • I own two adjacent lots and want to create a formal right-of-way from one to the other while I still own both.

Legal domains

See also

Cite this maxim

NeCede Max. 5.1.23 — No one can have a servitude over his own property. — Dig. 8, 2, 26; 17 Mass. 443; 2 Bouv. Inst. n. 1600; Bouvier, *Law Dictionary* (1856) (Nulli enim res sua servit jure servitutis.)

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