Legal Definitions - de novo damus

De novo damus is a Latin phrase used in Scots law, meaning "we give anew." It refers to a specific legal clause, often called a novodamus clause, included in a document that renews or re-grants a previous gift, charter, or right. Essentially, this clause signifies that the grant is being made afresh, often with updated terms or to clarify existing ones, as if it were a brand new grant rather than just a continuation of an older one.

Here are some examples to illustrate this concept:

• Renewal of a Feudal Land Grant: Imagine a Scottish estate where a family has held a parcel of land for centuries under an ancient feudal charter. Over time, the original charter's terms regarding boundaries or specific rights became unclear due to lost records or changes in the landscape. When the current landowner (the superior) and the tenant wish to clarify and formalize the tenant's rights, they might issue a new charter containing a de novo damus clause. This clause explicitly states that the land and its associated rights are being granted anew to the current tenant, effectively replacing or clarifying the old, ambiguous grant. It ensures the tenant's ownership and rights are clear and legally sound, as if the land were being given to them for the very first time under the new, updated terms.

• Re-granting Fishing Rights: Consider a community in a Scottish village that has historically enjoyed the right to fish in a particular section of a river, a privilege granted by a local estate owner many decades ago. The original grant was a simple, informal letter, and its terms are now vague regarding the types of fish that can be caught or the specific fishing season. To modernize and clarify these rights, the current estate owner might issue a formal legal document containing a de novo damus clause, re-granting the fishing rights to the community with updated, precise conditions. The de novo damus clause here means that the fishing rights are not merely being continued under the old, vague terms, but are being formally "given anew" with a clear, contemporary set of rules, providing legal certainty for both the community and the estate owner.

• Formalizing a Right of Way: Suppose a historical right of way across private land in Scotland, used by the public for generations, has fallen into disuse, and its exact path has become uncertain due to changes in the landscape. A local council wishes to formally re-establish and clearly mark this path for public access. The landowner agrees, and a legal agreement is drawn up which includes a de novo damus clause, formally re-granting the public's right of passage along a newly defined and surveyed route. By including de novo damus, the agreement signifies that the right of way is being established afresh, rather than simply reviving an old, potentially ambiguous one. This ensures that the new path is legally recognized and enforceable, providing a clear and undisputed right for the public to use the specified route, as if the right were being granted for the very first time.