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NeCede's

Maxim 5.4.6

When anything is granted, that also is granted without which the thing granted cannot exist.

Quando aliquid conceditur, conceditur et id sine quo res ipsa esse non potest.

Source: 11 Co. 52; Shep. Touch. 89; Hob. 234; 3 Kent, Comm. 421; Jenk. Cent. 32, case 63; Weisman, 52b Difficulty 2/5 — Approachable

Explanation

A grant of land carries the right of access; a grant of water carries the right to the channel — every grant includes its necessary incidents.

Where this applies

  • I bought a landlocked parcel — doesn't the sale include a right of access?
  • The easement for my water line was granted but the right to maintain it was not mentioned.

Legal domains

property

See also

Cite this maxim

NeCede Max. 5.4.6 — When anything is granted, that also is granted without which the thing granted cannot exist. — 11 Co. 52; Shep. Touch. 89; Hob. 234; 3 Kent, Comm. 421; Jenk. Cent. 32, case 63; Weisman, 52b (Quando aliquid conceditur, conceditur et id sine quo res ipsa esse non potest.)

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