Legal Definitions - non dedit

Non dedit is a historical legal term derived from Latin, meaning "he did not grant" or "it was not granted." In older common law, it was used as a plea or a defense in legal actions, particularly those involving property. When a party used "non dedit," they were asserting that a purported grant, gift, or transfer of property (such as land or goods) either never actually took place or was legally invalid.

Here are some examples to illustrate this concept:

• Land Ownership Dispute: Imagine a situation where Sarah claims ownership of a specific parcel of land, presenting an old, handwritten document that she believes serves as a deed from her great-grandfather. However, the current occupant of the land, Mark, disputes Sarah's claim. Mark argues that Sarah's great-grandfather never actually granted that particular piece of land to Sarah's family, or that the document is not a valid legal grant.

  How it illustrates "non dedit": Mark's defense would historically be akin to asserting "non dedit." He is essentially claiming that the alleged grant of land by Sarah's great-grandfather never legally occurred, thereby challenging the foundation of Sarah's claim to ownership.

• Disputed Gift of Personal Property: Consider a scenario where a person, Alex, claims that a valuable antique painting was promised to him as a gift by a wealthy collector, Mrs. Davies, who has since passed away. Alex asserts that Mrs. Davies "granted" him the painting before her death. However, Mrs. Davies's estate, managed by her executor, denies that any such gift was ever formally or legally completed.

  How it illustrates "non dedit": The estate's argument would be based on the principle of "non dedit." They would contend that Mrs. Davies never actually completed the legal act of granting the painting as a gift to Alex, meaning it remains part of her estate and does not belong to Alex.

• Easement Claim: Suppose a homeowner, Mr. Chen, claims he has a legal right to use a pathway across his neighbor's backyard to access a public park. Mr. Chen states that the previous owner of the neighbor's property had granted this right-of-way (an easement) to his property years ago. The current neighbor, Ms. Rodriguez, denies this, stating there is no record or evidence that such a grant was ever legally made or established.

  How it illustrates "non dedit": Ms. Rodriguez's defense relies on the concept of "non dedit." She is asserting that the alleged grant of an easement by the prior owner was never legally established, and therefore, no such right exists for Mr. Chen to cross her property.