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NeCede's

Maxim 5.1.33

No one can grant or convey what he does not own.

Source: Seymour v. Canandaigua & N.F.R. Co., 25 Barb. (N.Y.) 284, 301; Fassett v. Smith, 23 N.Y. 252; Weisman, 91aa Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A conveyance is void if the grantor does not hold title to the thing conveyed — the purchaser takes nothing from one who has nothing to give.

Where this applies

  • A con artist sells a house he does not own, and the buyer gets nothing because the seller had no title to pass.
  • A thief pawns a stolen necklace, but the pawnshop acquires no ownership because the thief never owned it.
  • A company tries to license intellectual property it does not hold the rights to, and the license is void from the start.

Legal domains

Cite this maxim

NeCede Max. 5.1.33 — No one can grant or convey what he does not own. — Seymour v. Canandaigua & N.F.R. Co., 25 Barb. (N.Y.) 284, 301; Fassett v. Smith, 23 N.Y. 252; Weisman, 91aa

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