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NeCede's

Maxim 5.2.20

What the original estate determines, the derivative estate determines also.

Source: 8 Coke, 34; Broom, Max. 495; Weisman, 70b Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A derivative estate cannot outlast the estate from which it was carved — when the original grant expires or is defeated, every lesser estate carved out of it falls with it.

Where this applies

  • A landlord's lease expires, and every sublease the tenant made under that lease also terminates because the derivative cannot outlast the original.
  • A corporation's charter is revoked, and all licenses it granted under that charter become void.
  • A life tenant dies, and the lease she granted to a renter ends automatically because the underlying life estate has ended.

Legal domains

Cite this maxim

NeCede Max. 5.2.20 — What the original estate determines, the derivative estate determines also. — 8 Coke, 34; Broom, Max. 495; Weisman, 70b

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