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NeCede's

Maxim 5.4.27

That which is granted or reserved in a certain specified form must be taken as it is granted, and will not be permitted to be made the subject of any adjustment or compensation on the part of the grantee.

Source: Ex parte Miller, 2 Hill (NY) 423; Bacon, Max. 26, reg. 4; Weisman, 52i Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A grant made in a specific form must be taken exactly as stated — the grantee may not adjust, compensate, or substitute terms that were fixed by the grantor.

Where this applies

  • A landowner grants a right-of-way across a specific ten-foot strip, and the grantee cannot widen it to twenty feet or reroute it to a more convenient path.
  • A franchise agreement specifies that the franchisee may operate in one county only, and the franchisee cannot unilaterally expand to neighboring counties.
  • A mineral lease grants rights to extract coal only, and the lessee cannot substitute by extracting natural gas and claiming it is equivalent.

Legal domains

Cite this maxim

NeCede Max. 5.4.27 — That which is granted or reserved in a certain specified form must be taken as it is granted, and will not be permitted to be made the subject of any adjustment or compensation on the part of the grantee. — Ex parte Miller, 2 Hill (NY) 423; Bacon, Max. 26, reg. 4; Weisman, 52i

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