Legal Definitions - non utendo

NON UTENDO

Non utendo (non yoo-ten-do) is a Latin term used in Roman and Scots law. It means that certain rights, such as some servitudes, can be lost through neglect of use.

For example, if a landowner has a right of way over a neighbor's property but does not use it for a long time, they may lose that right. Similarly, if a person has a right to fish in a particular river but does not exercise that right, they may lose it through non utendo.

Another example could be a person who has the right to use a shared driveway but chooses not to use it for a long time. If they do not use it, they may lose that right.

The examples illustrate how non utendo works in practice. If a person has a right but does not use it, they may lose it. This is to prevent people from holding onto rights that they do not need or use, which could prevent others from using them. It also encourages people to actively exercise their rights to ensure they do not lose them.