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Possession Property Land / Real Estate Maxims of Law


Rights of Possession:

No one gives who does not have.
No one can give what he does not own.
One cannot transfer to another a right which he has not.
He gives nothing who has nothing.

Things which are taken from enemies immediately become the property of the captors.
It is one thing to possess, it is another to be in possession.
Possession of the termer, possession of the reversioner.

What is mine cannot be taken away without my consent.
He that gives never ceases to possess until he that receives begins to possess.
A person in possession is not bound to prove that the possessions belong to him.
Things taken or captured by pirates and robbers do not change their ownership.

Two cannot possess one thing each in entirety.
A gift is rendered complete by the possession of the receiver.


Real Estate Property and Land:

Rights of dominion are transferred without title or delivery, by prescription, to wit, long and quiet possession.
Possessor has right against all men but him who has the very right.
Enjoy your own property in such a manner as not to injure that of another person.
He who owns the soil, owns up to the sky.

The owner of a piece of land owns everything above and below it to an indefinite extent.
Of whom is the land, of him is it also to the sky and to the deepest depths; he who owns the land owns all above and all below the surface.

Land lying unoccupied is given to the first occupant.
What belongs to no one, naturally belong to the first occupant.
Possession is a good title, where no better title appears.
Long possession produces the right of possession, and takes away from the true owner his action.

Whatever is affixed to the soil belongs to it. 

Rivers and ports are public, therefore the right of fishing there is common to all.
Land comprehends any ground soil, or earth whatsoever; as meadows, pastures, woods, moors, waters, and marshes.
The cause of the possessor is preferable. (Black’s Law Dictionary, page 983, Sixth Edition)

When a man has the possession as well as the right of property, he is said to have jus duplicatum – a double right, forming a complete title.

Every person has exclusive dominion over the soil which he absolutely owns; hence such an owner of land has the exclusive right of hunting and fishing on his land, and the waters covering it.

Every man’s house is his castle.
A citizen cannot be taken by force from his house to be conducted before a judge or to prison.
The habitation of each one is an inviolable asylum for him.