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.
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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