Legal Definitions - inurit labem realem

The Latin phrase inurit labem realem, used in Scots law, describes a situation where a property or item is marked with an inherent, fundamental flaw or defect that is tied to the thing itself, rather than being a personal problem of its current owner. This means the defect "sticks" with the property, affecting any future owner or possessor, and is not easily removed or overcome.

• Example 1: Structural Defect in a Building

  Imagine a historic commercial building that is discovered to have a severe, unfixable structural flaw in its foundation, making it unsafe for its intended use without extensive and cost-prohibitive reconstruction. This defect was present before the current owner purchased it and would remain even if the property were sold to someone else.

  This example illustrates inurit labem realem because the structural flaw is not a personal issue of the current owner; it is an intrinsic problem with the building itself. It "brands" the property with a real defect, meaning anyone who owns it will inherit this fundamental issue, impacting its value and usability regardless of who holds the title.

• Example 2: Forgery of a Collectible Item

  Consider a rare antique vase, believed to be a genuine artifact from a specific historical period, which is definitively proven by expert analysis to be a modern forgery. This inherent lack of authenticity significantly diminishes its value and status as a collectible, regardless of who possesses it.

  Here, the fact that the vase is a forgery is an inherent defect of the item itself. It's not about the seller's honesty or the buyer's mistake; the thing is fundamentally not what it purports to be. This "brands" the vase with a real defect, affecting its true nature and value for any owner, making it a permanent flaw.

• Example 3: Land Subject to a Permanent Right of Way

  A piece of agricultural land is subject to a permanent legal right (known as a servitude in Scots law, similar to an easement) allowing a neighboring property owner to cross it to access a public road. This right is recorded in the land register and applies to the land itself, not just the current owner.

  This scenario demonstrates inurit labem realem because the right of way is an inherent burden on the land. It is not a personal agreement between two individuals but a legal characteristic of the property. This "brands" the land with a real defect (or encumbrance), meaning any future owner will be legally bound to allow the neighbor access, affecting their full use and enjoyment of the property.