Nec vi, nec clam, nec precario: Difference between revisions
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It is often referred to in the context of [[adverse possession]] and other land law issues. It is also relevant to the creation of [[easement]]s whereby the law 'prescribes' an easement in the absence of a deed. In order for the law to do so the right of way or easement needs to have been enjoyed without force, without secrecy, and without permission for a period of time, usually 20 years. |
It is often referred to in the context of [[adverse possession]] and other land law issues. It is also relevant to the creation of [[easement]]s whereby the law 'prescribes' an easement in the absence of a deed. In order for the law to do so the right of way or easement needs to have been enjoyed without force, without secrecy, and without permission for a period of time, usually 20 years. |
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Revision as of 17:51, 28 November 2013
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Nec vi, nec clam, nec precario, is a Latin legal term meaning 'not by force, nor stealth, nor licence'. It is the principle by which rights may be built up over time, principally public rights of way in the United Kingdom. Specifically, if a path is used – openly, not against protests, and without permission of the landowner – for an extended period (20 years) then a permanent legal right to such use is usually established.
It is often referred to in the context of adverse possession and other land law issues. It is also relevant to the creation of easements whereby the law 'prescribes' an easement in the absence of a deed. In order for the law to do so the right of way or easement needs to have been enjoyed without force, without secrecy, and without permission for a period of time, usually 20 years.