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NeCede's

Maxim 5.1.34

Two cannot possess or own one thing in entirety.

Source: Co. Litt. 368; Dig. 13, 6, 5, 15; Bract. fol. 28b; Weisman, 91dd Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Sole and exclusive possession cannot vest simultaneously in two separate persons — co-ownership is possible, but two claims of total dominion over the same thing are mutually exclusive.

Where this applies

  • Two brothers each claim to be the sole and exclusive owner of the same horse — the law says they cannot both have total dominion, so one claim must fail.
  • A husband and wife both claim sole ownership of a car titled only in one name — two people cannot each exclusively possess the same thing.
  • Two companies each insist they alone own the patent, but absolute sole ownership cannot vest in both simultaneously.

Legal domains

Cite this maxim

NeCede Max. 5.1.34 — Two cannot possess or own one thing in entirety. — Co. Litt. 368; Dig. 13, 6, 5, 15; Bract. fol. 28b; Weisman, 91dd

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