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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