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NeCede's

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.

Legal domains

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

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