Maxim 5.2.10
Use your own property so as not to injure another's.
Sic utere tuo ut alienum non laedas.
Source: Broom, Max. 364; 9 Co. 59; Wharton, Legal Maxims, Max. 80; 3 Bl. Comm. 217; Weisman, 59r
Difficulty 2/5 — Approachable
Explanation
Ownership is not license for abuse — every man must exercise his property rights with due regard to his neighbor's equal rights.
Where this applies
- A factory owner dumps chemical waste from his manufacturing process into a creek that runs through his property and onto his neighbor's land downstream — he has the right to use his own property, but not in a way that poisons his neighbor's water supply.
- A homeowner installs floodlights so bright they illuminate the entire neighborhood at night, preventing neighbors from sleeping — his right to light his own property does not extend to making his neighbors' homes uninhabitable.
- A rancher allows his cattle to overgraze his pasture until the topsoil erodes onto the neighboring farm, burying crops — he must use his property so as not to injure his neighbor's land.
Legal domains
See also
Cite this maxim
NeCede Max. 5.2.10 — Use your own property so as not to injure another's. — Broom, Max. 364; 9 Co. 59; Wharton, Legal Maxims, Max. 80; 3 Bl. Comm. 217; Weisman, 59r (Sic utere tuo ut alienum non laedas.)
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