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NeCede's

Maxim 5.1.7

When the parties are equal in right, the condition of the possessor is the better.

In pari causa possessor potior haberi debet.

Source: Plowd. 296; Broom, Max. 71; Dig. 50.17.126; 4 Bouv. Inst. n. 3724 Difficulty 1/5 — Foundational

Explanation

Where competing claims are in equipoise, the law favors the party already in possession.

Where this applies

  • I've been living on this land for decades and someone shows up claiming it's theirs with no proof.
  • I found and kept abandoned equipment years ago and now someone wants it back.

Legal domains

property

See also

Cite this maxim

NeCede Max. 5.1.7 — When the parties are equal in right, the condition of the possessor is the better. — Plowd. 296; Broom, Max. 71; Dig. 50.17.126; 4 Bouv. Inst. n. 3724 (In pari causa possessor potior haberi debet.)

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