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NeCede's

Maxim 5.2.21

An alien holds no lands.

Source: Tray. Lat. Max. 203; Weisman, 70g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) At common law, an alien could not hold freehold land — the capacity to own real property was tied to allegiance, and one who owed no allegiance could acquire no estate.

Where this applies

  • At common law, a foreign national who owed no allegiance to the crown could not hold freehold land in England.
  • An immigrant who had not yet been naturalized was historically barred from owning real property because land ownership was tied to allegiance.
  • A merchant from a foreign country tried to buy farmland but was told that without citizenship or allegiance, the law did not recognize his capacity to hold title.

Legal domains

Cite this maxim

NeCede Max. 5.2.21 — An alien holds no lands. — Tray. Lat. Max. 203; Weisman, 70g

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