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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