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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