#AXJASKS What are Maxims of Law? Property maxims of law are specific principles that apply to property rights and transactions. These maxims help guide the interpretation and application of property law. Here are some important property-related maxims:
1. **”Cujus est solum, ejus est usque ad coelum et ad inferos”**
– “Whoever owns the soil, owns it up to the heavens and down to the depths.”
– This maxim suggests that property ownership extends vertically from the land into the air above and the ground below.
2. **”Nemo dat quod non habet”**
– “No one can give what they do not have.”
– A person cannot transfer a greater interest in property than they possess themselves. For example, someone who does not own a piece of property cannot legally sell it.
3. **”Quicquid plantatur solo, solo cedit”**
– “Whatever is affixed to the soil belongs to the soil.”
– This principle states that anything permanently attached to the land (like buildings or trees) becomes part of the land and is owned by the landowner.
4. **”Prior tempore potior jure”**
– “Earlier in time, stronger in right.”
– This maxim establishes that older claims to property generally take precedence over newer ones, such as in cases of competing liens or mortgages.
5. **”Ubi est remedium, ibi est jus”**
– “Where there is a remedy, there is a right.”
– This principle underscores that if the law provides a remedy, it is because there is a recognized right that has been violated.
6. **”Res nullius cedit primo occupanti”**
– “A thing which has no owner is acquired by the first taker.”
– This maxim allows for the acquisition of property rights in previously unowned property by the first person to take possession of it.
7. **”Nemo est haeres viventis”**
– “No one is the heir of a living person.”
– This principle means that inheritance rights do not vest until the person whose property is being inherited has died.
8. **”Possession vaut titre”**
– “Possession is as good as title.”
– This suggests that possession of property can be strong evidence of ownership, especially when no formal title exists.These maxims help define the principles of property law and shoukd be judiciously noticed.