Maxim 5.4.30
If a man grant that which is not his, the grant is void.
Source: Shep. Touch. 243; Watk. Conv. 191; Weisman, 52l
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) A grant of what the grantor does not own is void ab initio — no interest passes, and the grantee acquires nothing regardless of the form of the conveyance.
Where this applies
- A man forges a deed to property he does not own and sells it to an innocent buyer — the forged grant is void and the buyer gets nothing.
- A county commissioner grants a permit on land the county does not own, and the permit is worthless because the county had no authority over that land.
- A company assigns a patent it does not hold, and the assignment conveys nothing because you cannot grant what is not yours.
Cite this maxim
NeCede Max. 5.4.30 — If a man grant that which is not his, the grant is void. — Shep. Touch. 243; Watk. Conv. 191; Weisman, 52l
Found an error? Suggest a correction →