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Nemo Plus Juris Ad Alium Transferre Potest Quam Ipse Habet
Understanding Nemo Plus Juris Ad Alium Transferre Potest Quam Ipse Habet in Property Law
Definition & Meaning
The phrase "no one can transfer a greater right than he himself has" means that an individual cannot pass on rights to property that they do not own. In practical terms, if someone buys stolen goods from a thief, they do not gain ownership of that property. The original owner retains their rights, and the buyer has no legal claim to the property because the thief had no title to sell. However, if a person acquires property lawfully, they can transfer a valid title to a buyer, which is often facilitated through an agent.
Table of content
Legal Use & context
This principle is commonly applied in property law and contract law. It is crucial in cases involving the sale of goods, real estate transactions, and any situation where ownership rights are transferred. Users may encounter this concept when dealing with contracts, property disputes, or when purchasing items. Legal forms, such as those offered by US Legal Forms, can help individuals navigate these transactions and ensure they are legally sound.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person buys a car from someone they believe is the owner, but the seller is actually a thief. The true owner can reclaim the car, and the buyer has no legal recourse to retain it.
Example 2: A real estate agent sells a house on behalf of a homeowner. The homeowner has a clear title, allowing the agent to transfer ownership to the buyer legally. (hypothetical example)
Allows for certain defenses in property disputes based on good faith purchases.
New York
Strict liability for sellers of stolen goods, regardless of knowledge.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Difference
Title
Legal right to own or use property.
Title refers to ownership, while this term refers to the ability to transfer rights.
Agency
Authority to act on behalf of another.
Agency involves representation in transactions, whereas this term focuses on ownership rights.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where you may be purchasing property, ensure that the seller has clear ownership. Consider using legal forms from US Legal Forms to create a purchase agreement that protects your interests. If you suspect the property may be stolen or if the transaction seems complex, consult a legal professional for assistance.
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