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 →