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NeCede's

Maxim 5.4.33

A grant must be construed with certainty as to the thing granted.

Concessio per regem fieri debet de certitudine.

Source: Bract. fol. 15b; 9 Co. 46; Bacon, Max. Difficulty 3/5 — Intermediate

Explanation

No grant is valid unless the subject of the grant can be identified with certainty — vagueness defeats a conveyance.

Where this applies

  • A king's grant of land that does not describe the parcel with certainty is void because no one can tell what was granted.
  • A government charter authorizing a company to operate without specifying in what territory or for what purpose fails for vagueness.
  • A deed that says only "some of my property" without identifying which parcel or how much is unenforceable because the subject of the grant is uncertain.

Legal domains

contractcriminalprocedureproperty

See also

Cite this maxim

NeCede Max. 5.4.33 — A grant must be construed with certainty as to the thing granted. — Bract. fol. 15b; 9 Co. 46; Bacon, Max. (Concessio per regem fieri debet de certitudine.)

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