Legal Definitions - a jure suo cadunt

A jure suo cadunt is a Latin legal principle, primarily found in Scots law, which translates to "they fall from their right." This principle describes situations where an individual loses a legal right, particularly a property right, because they have either lost possession of the property or have clearly abandoned their claim to it.

Here are some examples to illustrate this concept:

• Lost Possession of Personal Property: Imagine a person who owns a valuable antique bicycle. They leave it unlocked and unattended in a public park for several weeks, making no attempt to retrieve it or report it stolen. During this time, the bicycle is eventually taken by someone else. Under the principle of a jure suo cadunt, the original owner, by their prolonged and unexplained loss of possession and lack of action, might be considered to have "fallen from their right" to the bicycle, potentially allowing a new possessor to establish a claim.

• Abandonment of an Easement: Consider a homeowner who has a legal right (an easement) to use a specific path across their neighbor's land to access a small stream. Over time, the homeowner builds a new, more convenient path on their own property and stops using the old easement entirely. They then allow their neighbor to plant a garden and erect a small fence directly on the old path, without any objection for many years. In this scenario, the homeowner's actions—ceasing to use the easement and permitting its obstruction—could be interpreted as an abandonment of their right, meaning they have "fallen from their right" to use that specific path.

• Unclaimed Inheritance: Suppose an individual is legally entitled to a share of a distant relative's estate, and they are properly notified of this inheritance by the estate's executor. However, for a significant period, they choose not to respond, make no inquiries, and take no steps to claim their portion, despite repeated attempts by the executor to reach them. If a substantial amount of time passes and the estate needs to be finalized, the individual's inaction could be seen as an abandonment of their claim. Consequently, they might be deemed to have "fallen from their right" to that inheritance, allowing the estate to be distributed without their share.