Legal Definitions - majori minus inest

Definition: Majori minus inest is a Latin term used in Scots law, which means "the greater includes the less." This principle states that any transfer of a primary right to a property includes any lesser rights to that property.

For example, if a person sells a piece of land, the sale includes all the rights that come with the land, such as the right to use it, the right to build on it, and the right to sell it. This principle also applies to leases, where the tenant has the right to use the property but not to sell it.

Another example is when a person sells a car. The sale includes all the rights that come with the car, such as the right to drive it, the right to sell it, and the right to use it for personal purposes.

These examples illustrate how majori minus inest works in practice. When a person transfers a primary right to a property, they are also transferring any lesser rights that come with it. This principle ensures that the buyer has full control over the property and can exercise all the rights that come with it.