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NeCede's

Maxim 5.1.31

When a man has the possession as well as the right of property, he is said to have jus duplicatum-a double right, forming a complete title.

Source: Bract. lib. 4, tr. 4, c. 4; 2 Bl. Comm. 199, 311; Weisman, 91x Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) When a claimant holds both the right of possession and the right of property, he holds an unassailable title that prevails over all challengers.

Where this applies

  • A landowner holds both the deed and has been living on the property for thirty years — no one can challenge his title because he has both the right and the possession.
  • A woman inherits a family farm and also physically occupies it, giving her an unassailable double right that defeats any competing claimant.
  • A man who bought a house at auction and immediately moved in holds both the legal title and actual possession, making his claim the strongest possible.

Legal domains

Cite this maxim

NeCede Max. 5.1.31 — When a man has the possession as well as the right of property, he is said to have jus duplicatum-a double right, forming a complete title. — Bract. lib. 4, tr. 4, c. 4; 2 Bl. Comm. 199, 311; Weisman, 91x

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