The term seems to have been established long before the Lex Agraria of 111 and could be used jokingly or for comic effects outside the legal profession, as evidenced by a passage from the Eunuch of Terence, a coin generally dated to 161 BC. The character Chaerea orders the slave Parmeno, the girl he desires, to obtain it by all means: “Hanc tu mihi uel ui uel clam uel precario fac tradas; mea nihil refert, dum potiar modo” (“Make sure you give them to me, whether by force, secrecy, license – it makes no difference to me as long as I seize them”). [6] The legal presumption that there is a long enjoyment of land presupposes that rights to the same land have a legal and legitimate origin. The term comes from Roman law and appears in the form neque ui neque clam neque precario in line 18 of the Lex Agraria on the Tabula Bembina, a law passed in 111 BC. J.-C. [2] The maxim seems to have been a widely used addendum for the definition of property rights based on possessio (the form of interest in land that results from the exercise of control and can become property or domination). It is mentioned three times by Cicero. In particular, if a path – opened, not against protests, but without the permission of the landowner – is used for a longer period (20 years), there is usually a permanent legal claim to such use. Registration in the Central Land Register and the Land Register Act 2002 made it considerably more difficult to assert prejudicial possession of registered land, since the boundaries of the land were (relatively) clearly indicated on the cadastral plans and the applicant cannot prove occupation of the land for at least 12 years before 13 October 2003 if the landowner opposes a negative application for ownership, it is generally rejected. When the exact boundaries were unclear, it was relatively common for a person to claim ownership of land if he could prove that he had occupied it for at least 12 years, to the exclusion of any other “nec vi, nec clam, nec precario”, i.e. without violence, secrecy and without authorization. Interdicta — Saltar a navegación, búsqueda Un interdictum es una orden del pretor.
Puede estar dirigida a prohibir ciertos actos o hechos de carácter violento (vim fieri veto) o, por el contrario, a ordenar la realización de algún acto, tal como la exhibición . Wikipedia Español. Seeking: `nec clam, nec vi, nec precario` in Oxford Reference » The tribunal held that, in accordance with section 65 of the 1963 limitation period, the defendant`s responsibility, once the plaintiff has proved ownership of his land, is for the opposing possession by the essential elements, i.e. nec vi, nec clam and nec precario, to affirm and prove. The High Court was satisfied with the finding that the plaintiff owned the property in question, but it was found that instead of proving adverse possession, the defendants claimed ownership. The court also stated that the action was not time-barred because the defendants had not satisfactorily demonstrated that they had been in possession of the claimed property for more than 12 years prior to the filing of the action. Green Village — A green village is a common open space that is part of a settlement. Traditionally, such an area was often a shared grassland in the centre of a small agricultural settlement, used as pasture and sometimes for community events.
Some may also… Wikipedia nec — not; NEC VI, NEC Clam, NEC Precario, without violence, not secretly and not with permission.
