Legal Definitions - jus abutendi

Jus Abutendi

This Latin term, originating from Roman and civil law, describes the most extensive right an owner has over their property: the absolute power to use it in any way they choose, even to the extent of diminishing its value, wasting it, or completely destroying it.

It represents the ultimate form of ownership control, where the owner's discretion is paramount, allowing them to eliminate the property rather than merely using, enjoying, or preserving it.

Here are some examples illustrating jus abutendi:

• Demolishing a Building: Imagine a landowner who owns a large, structurally sound commercial building. Despite its potential for rental income or resale, the owner decides to demolish it completely to create an open green space on their property. This act, which involves the destruction of valuable property, is an exercise of their jus abutendi.
• Destroying a Unique Creation: Consider a renowned inventor who holds the patent and sole ownership of a groundbreaking prototype machine. After showcasing it, the inventor decides to dismantle and destroy the prototype, ensuring no one else can replicate or benefit from that specific physical item. This demonstrates their jus abutendi over their unique creation.
• Wasting Inherited Valuables: A person inherits a rare and valuable collection of vintage automobiles. Despite the significant market value and historical importance of the cars, the heir, having no interest in automobiles, decides to strip them for parts and then scrap the remaining chassis, effectively destroying the collection. This action, though seen as wasteful by others, is within the heir's right of jus abutendi as the rightful owner.