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NeCede's

Maxim 6.5.11

The thing passes with its burden.

Res transit cum suo onere.

Source: Bracton, fols. 47b, 48; Weisman, 28r Difficulty 1/5 — Foundational

Explanation

An encumbrance follows the property wherever it goes — the purchaser takes subject to existing obligations, and cannot claim ignorance as a defense.

Where this applies

  • I bought a house with a lien on it — am I responsible for the previous owner's debts?
  • The car I purchased turned out to have an outstanding loan against it.

Legal domains

See also

Cite this maxim

NeCede Max. 6.5.11 — The thing passes with its burden. — Bracton, fols. 47b, 48; Weisman, 28r (Res transit cum suo onere.)

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