Legal Definitions - jus domino proximum

jus domino proximum

Jus domino proximum is a legal term used in Scots law. It refers to a right that is almost as strong as absolute property ownership. This right is held by someone who owns land in feu, which means they have the right to sell or use the land as they see fit. However, the land is not entirely theirs because they must pay a fee to the superior who originally owned the land. This fee limits their absolute right of property.

An example of jus domino proximum would be if someone owned a house on land that they had purchased in feu. They would have the right to sell the house or use it in any way they wanted, but they would still have to pay a fee to the original owner of the land.

Another example would be if a company leased a piece of land for a factory. They would have the right to use the land for their factory, but they would still have to pay rent to the owner of the land.

These examples illustrate how jus domino proximum works by showing that while someone may have the right to use or sell property, they still have to pay a fee to the original owner of the land. This fee limits their absolute right of property ownership.