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Legal Definitions - jus urbanorum praediorum

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Definition of jus urbanorum praediorum

JUS URBANORUM PRAEDIORUM

Jus urbanorum praediorum is a type of servitude in Roman and civil law that primarily affects buildings or urban land. It is a servitude appertaining to the building and construction of houses in a city, such as the right to light and air. With the exception of oneris ferendi, urban servitudes were passive. They could be affected by planning legislation.

  • The right to light and air for a building in a city
  • The right to access a shared driveway in a residential area

These examples illustrate how jus urbanorum praediorum is a type of servitude that pertains to urban land and buildings. The right to light and air is an example of a passive servitude that benefits a building in a city. The right to access a shared driveway is an example of a servitude that benefits multiple properties in a residential area.

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Simple Definition

Jus urbanorum praediorum is a type of legal rule that allows one property owner to use another's property for a specific purpose, like getting light or air. This is called a servitude. Servitudes are like burdens on a property that benefit someone else. There are many types of servitudes, like ones that let people walk across your land or use your water. Some servitudes are natural, like the right to have your land supported by the land next to it. Others are created by agreement or by law. Servitudes can be for rural or urban properties.

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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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