Legal Definitions - de temps dont memorie ne court

De temps dont memorie ne court is a legal phrase originating from Law French. It translates to "from time whereof memory does not run" or "time out of human memory."

This term refers to a period so ancient that its beginning is beyond the recollection of any living person and cannot be reliably traced through historical records or documents. Essentially, it describes a situation, right, or custom that has existed for such an incredibly long time that its origin is lost to history. The concept is often used in law to establish the legitimacy of long-standing practices, rights, or easements that have been continuously observed without challenge for an indeterminate past.

• Example 1: An Ancient Right-of-Way

  Imagine a rural village where residents have, for generations, used a specific dirt path across a private estate to access a public road. No living villager, not even the oldest, remembers a time when this path was not freely used, and there are no historical deeds or records indicating when or how this right of passage was formally established. The estate owners have never challenged this usage.

  Explanation: The continuous and unchallenged use of the path for a period extending beyond anyone's memory or available records would be considered "de temps dont memorie ne court." This long-standing practice could establish a legal right-of-way (an easement) based on its ancient and immemorial origin.

• Example 2: A Traditional Fishing Custom

  In a small coastal community, local fishermen have historically had the custom of mooring their boats in a particular cove and using a specific section of the beach to mend their nets, even though the cove and beach are technically part of a private property. This practice has been passed down through families for centuries, and no one can recall a time when it was ever prohibited or disputed by the landowners.

  Explanation: The custom of mooring boats and mending nets in that specific area, having been observed continuously for a period so long that its origin is forgotten and unrecorded, exemplifies "de temps dont memorie ne court." This ancient custom might be recognized as a legal right due to its immemorial existence.

• Example 3: Unchallenged Water Usage

  A family farm has consistently drawn water from a small stream that flows through a neighboring property to irrigate their crops. This practice has been carried out by the family for as long as anyone can remember, spanning several generations, and has never been questioned by the owners of the upstream property. No formal agreement or permit for this water usage exists in any modern records.

  Explanation: The continuous and unchallenged drawing of water from the stream, extending back further than anyone's memory or available historical records, illustrates "de temps dont memorie ne court." This long-standing usage could establish a prescriptive right to the water, based on its ancient and uninterrupted exercise.