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NeCede's

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.

Legal domains

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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