Maxim 5.3.9
It is not permitted to build upon one’s own land what may be injurious to another.
Aedificare in tuo proprio solo non licet quod alteri noceat.
Source: 3 Inst. 201; Jackson
Difficulty 2/5 — Approachable
Explanation
Ownership of land does not confer the right to erect structures that cause harm to a neighbor — the right of property is bounded by the equal rights of others.
Where this applies
- My neighbor built a massive wall that blocks all sunlight from my garden.
- A property owner built a structure that diverts all rainwater onto my land.
Cite this maxim
NeCede Max. 5.3.9 — It is not permitted to build upon one’s own land what may be injurious to another. — 3 Inst. 201; Jackson (Aedificare in tuo proprio solo non licet quod alteri noceat.)
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