Legal Definitions - inter naturalia feudi

inter naturalia feudi is a term from historical Scots law. It refers to the fundamental conditions, rights, and obligations that are considered an inherent and essential part of a "feu" – a type of landholding – even if they are not explicitly written down in the original legal agreement. These are the implied terms that naturally arise from the nature of the feu relationship between the land superior (the granter) and the feuar (the holder of the land).

Here are some examples to illustrate this concept:

• Example 1: Maintenance of Shared Infrastructure
  Imagine a historical feu agreement granted a parcel of land, and the only practical access to it was via a private road crossing the superior's remaining estate. Even if the original feu charter didn't explicitly state that the superior must maintain this road or allow the feuar continuous access, these would be considered inter naturalia feudi. It's an inherent understanding that for the feu to be usable, access must be maintained, and the superior cannot arbitrarily block it.

• Example 2: Right to Peaceful Enjoyment
  A feuar holds land under a feu charter that is silent on the superior's ability to interfere with their use of the property. If the superior later starts operating a noisy industrial activity directly adjacent to the feuar's residential property, causing significant disturbance, the feuar might argue that their right to peaceful enjoyment of their land is an inter naturalia feudi. This right is so fundamental to land ownership that it's implied, even if not explicitly written in the charter.

• Example 3: Prohibition on Harmful Alterations
  Suppose a feu agreement granted land primarily for agricultural purposes. While the charter might not explicitly forbid the feuar from, say, dumping large quantities of toxic waste that pollutes the surrounding land and water sources, such an action would likely be considered a breach of inter naturalia feudi. It's an implied, fundamental expectation that the feuar will not use the land in a way that causes severe, lasting damage to the environment or the superior's adjacent property, as this would fundamentally undermine the value and purpose of the original land grant.