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NeCede's

Maxim 5.1.6

It is not incumbent on the possessor to prove that the possessions belong to him.

Non possessori incumbit necessitas probandi possessiones ad se pertinere.

Source: Cod. 4.9.2; Broom, Max. 639, 714; Weisman, 91cc Difficulty 2/5 — Approachable

Explanation

The burden of proof lies on the challenger, not the possessor — quiet possession is its own evidence of right.

Where this applies

  • Two people both claim ownership of the same piece of equipment and neither has a receipt.
  • My neighbor and I both say we own the fence between our properties.

Legal domains

See also

Cite this maxim

NeCede Max. 5.1.6 — It is not incumbent on the possessor to prove that the possessions belong to him. — Cod. 4.9.2; Broom, Max. 639, 714; Weisman, 91cc (Non possessori incumbit necessitas probandi possessiones ad se pertinere.)

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