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KembaraXtra – Legal Terms – Nec Clam, Nec Vi, Nec Precario
The phrase nec clam, nec vi, nec precario means “neither secretly, nor by force, nor with permission.”
It is a principle used mainly in property law to determine whether long use or enjoyment of land can establish legal rights.
For a right over land to arise through long use, the use must be open, peaceful, and without the owner’s consent.
If the use was hidden, forced, or permitted by the owner, the law will generally not recognize a legal right based on that use.
The principle commonly applies in claims involving easements, rights of way, and adverse possession.
The phrase nec clam, nec vi, nec precario means “neither secretly, nor by force, nor with permission.”
It is a principle used mainly in property law to determine whether long use or enjoyment of land can establish legal rights.
For a right over land to arise through long use, the use must be open, peaceful, and without the owner’s consent.
If the use was hidden, forced, or permitted by the owner, the law will generally not recognize a legal right based on that use.
The principle commonly applies in claims involving easements, rights of way, and adverse possession.
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