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NeCede's

Maxim 5.2.9

Prescription is a title derived from use and time, having the force of law.

Praescriptio est titulus ex usu et tempore.

Source: Co. Litt. 113 Difficulty 1/5 — Foundational

Explanation

Rights of dominion may be acquired by long and uninterrupted use — time, combined with quiet possession, creates title.

Where this applies

  • A family has used a dirt road across their neighbor's land to reach the highway for over forty years without interruption or objection — their continuous use over time has created a prescriptive easement with the force of legal title.
  • A community has drawn water from a shared spring for generations, and the current landowner now tries to block access — the long, uninterrupted use by the community has ripened into a prescriptive right that cannot be unilaterally revoked.
  • A fisherman has launched his boat from the same private dock every season for thirty years with the owner's knowledge and no objection — prescription, born from use and time, gives him a right to continue that the dock owner must now respect.

Legal domains

See also

Cite this maxim

NeCede Max. 5.2.9 — Prescription is a title derived from use and time, having the force of law. — Co. Litt. 113 (Praescriptio est titulus ex usu et tempore.)

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