Skip to content
NeCede's

Maxim 5.1.32

Rights of dominion are transferred without title or delivery, by prescription, to-wit, long and quiet possession.

Source: Co. Litt. 113; Weisman, 91y Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Long and quiet possession, undisturbed by any adverse claim, transfers dominion without deed or delivery — time perfects title.

Where this applies

  • A family has farmed the same land for three generations without anyone challenging them, and the law recognizes their ownership even though they have no written deed.
  • A neighbor has used a path across someone's property openly and without objection for over twenty years, and the court grants her a prescriptive easement.
  • A rancher has grazed cattle on open range for decades without dispute, and his long, quiet use ripens into a recognized right.

Legal domains

Cite this maxim

NeCede Max. 5.1.32 — Rights of dominion are transferred without title or delivery, by prescription, to-wit, long and quiet possession. — Co. Litt. 113; Weisman, 91y

Found an error? Suggest a correction →