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NeCede's

Maxim 5.1.28

There is no prescription for that which is not possessed.

Source: Cycl. Diet. 693; Weisman, 91j Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) No prescriptive right can ripen over property that is not actually possessed — adverse possession requires actual, continuous occupation.

Where this applies

  • A man claims he has a prescriptive easement across his neighbor's field, but he never actually walked across it — he just thought about doing so for twenty years.
  • Someone argues they acquired ownership of a vacant lot by adverse possession, but they never set foot on the property or used it in any way.
  • A farmer claims prescriptive rights to water from a stream that runs through land he never occupied or cultivated.

Legal domains

Cite this maxim

NeCede Max. 5.1.28 — There is no prescription for that which is not possessed. — Cycl. Diet. 693; Weisman, 91j

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