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NeCede's

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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