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NeCede's

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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