Bracton: Thorne Edition: English. Volume 2, Page 156

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Volume 2, Page 156

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[001] negligence, begins in some degree to have both civil and natural possession, though
[002] wrongful natural possession. The same is true whenever one's property, whether
[003] he is in possession of it or not, is abridged without his consent, by building upon it,
[004] plowing or sowing it, diverting its water, reaping or digging it, or by doing any
[005] other similar act. But if such are done with his consent it will be otherwise, for
[006] to one who knows and consents no injuria is done,¹ as where one plows, sows and
[007] manures my land, or improves it in some other way and I dissemble for a time that
[008] I may gain the fruits; that I do not at once prevent him from ploughing, sowing
[009] or otherwise improving does not mean that I cease to possess, since he acts with
[010] my consent, though if he had acted without it there would be an immediate disseisin,
[011] and thus there will here be no negligence but rather a trick to gain the fruits or
[012] improve the position of the true lord in some other way. But when the mala
[013] fide possessor carries off the fruits and crops there will be a manifest disseisin,
[014] since that is contrary to the lord's will. There is more of this matter below among
[015] the assises of novel disseisin.²

How possession [and dominium] may be acquired by usucapion.

[017] We have shown above how the dominion of corporeal things is transferred by livery,
[018] title by a justa causa of acquisition [being present].³ Now we must explain how it is
[019] transferred without title and livery, by usucapion,⁴ that is, by long, continuous and
[020] peaceful possession: by time and without livery,⁵ [[‘Long’], but how long that time
[021] must be is not specified by law but left to rightly exercised discretion. ‘Continuous,’
[022] I say, [that is], provided it is not interrupted, for it may be interrupted in a variety
[023] of ways, ⁶as where the true lord immediately after an intruder or disseisor has
[024] entered into seisin, at once and without delay if he is present or on his return if he is
[025] absent, makes an effort to repulse and expel them by force, even though he is
[026] unsuccessful, provided that, when he fails, he is diligent in impetrating and prosecuting,⁷
[027] [or] without the use of force, by denunciation, by diligent impetration and
[028] diligent prosecution. Because of such interruption the possessor will never acquire a
[029] free tenement through lapse of time. ‘Peaceful,’ I say, because if [possession] is disputed
[030] the result will be the same as above, [that is], if the dispute is rightful. A dispute
[031] may be wrongful or rightful,⁸ [wrongful], if one who has no concern in the matter

Notes

1. Drogheda, 52, 175, 277, 407: ‘scienti et volenti non fit injuria;’ supra 149

2. Infra iii, 169

3. ‘transferuntur,’ OA, CM, Y; ‘transferantur,’ CE, OB, OC; ‘existente titulo ex iusta’

4. C.2.3.20: ‘Traditionibus et usucapionibus dominia rerum transferuntur.’

5. Continued infra 157, n. 5

6-7. ‘ut si verus ... ad prosequendum,’ from lines 27-31; supra 123

8. ‘iusta,’ as supra 123, 134