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.
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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