Maxim 6.4.3
An unlawful condition is deemed as not annexed.
Conditio illicita habetur pro non adjecta.
Source: BL4 "Conditio"; cf. Co. Litt. 206; Weisman, 19c
Difficulty 2/5 — Approachable
Explanation
A condition that requires something unlawful is struck from the grant without destroying the grant itself — the grantor cannot poison his own gift.
Where this applies
- A gift was given with the condition that I commit a crime to keep it — that condition is void.
- The deed says I must violate building codes to maintain ownership — that can't be right.
See also
Cite this maxim
NeCede Max. 6.4.3 — An unlawful condition is deemed as not annexed. — BL4 "Conditio"; cf. Co. Litt. 206; Weisman, 19c (Conditio illicita habetur pro non adjecta.)
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