Maxim 5.3.8
Every person has exclusive dominion over the soil which he absolutely owns; hence such owner has the exclusive right of hunting and fishing on his land, and the waters covering it.
Omnis persona habet exclusivam dominationem super solum quod absolute possidet.
Source: L. Realty Co. v. Johnson, 92 Minn. 363, 365; Weisman, 70j
Difficulty 1/5 — Foundational
Explanation
Absolute ownership carries absolute dominion over every use of the land — including every creature and watercourse upon it.
Where this applies
- The state says I need a license to hunt on my own land.
- A government agency is restricting fishing in the pond on my own property.
Legal domains
See also
Cite this maxim
NeCede Max. 5.3.8 — Every person has exclusive dominion over the soil which he absolutely owns; hence such owner has the exclusive right of hunting and fishing on his land, and the waters covering it. — L. Realty Co. v. Johnson, 92 Minn. 363, 365; Weisman, 70j (Omnis persona habet exclusivam dominationem super solum quod absolute possidet.)
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