Maxim 5.4.10
Every grant is to be interpreted most strongly against the grantor.
Concessio versus concedentem latam interpretationem habere debet.
Source: Co. Litt. 183a; Chelsea v. Malden, 4 Mass. 134; Weisman, 52c
Difficulty 2/5 — Approachable
Explanation
Where a grant is ambiguous, the grantee is favored — the grantor who chose the words bears the burden of any uncertainty.
Where this applies
- The government grant is so vague I can't tell what land it covers.
- The deed description is unclear about where the property boundaries are.
Legal domains
See also
- 5.5.5 In a contract of sale, an ambiguous agreement is to be interpreted against the seller.
- 10.1.1 Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.
Cite this maxim
NeCede Max. 5.4.10 — Every grant is to be interpreted most strongly against the grantor. — Co. Litt. 183a; Chelsea v. Malden, 4 Mass. 134; Weisman, 52c (Concessio versus concedentem latam interpretationem habere debet.)
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