Skip to content
NeCede's

Maxim 5.1.26

A deprivation presupposes a possession.

Source: 2 Rolle, 419; Weisman, 91f Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Before claiming deprivation, the claimant must first prove he possessed the thing — a man who never had possession cannot be deprived of it.

Where this applies

  • A man claims the city deprived him of his water rights, but the court finds he never had water rights to that parcel in the first place.
  • Someone sues for the loss of a business license they never actually held.
  • A person files a complaint that their hunting privileges were revoked, but records show they never applied for or received a hunting permit.

Legal domains

Cite this maxim

NeCede Max. 5.1.26 — A deprivation presupposes a possession. — 2 Rolle, 419; Weisman, 91f

Found an error? Suggest a correction →