Legal Definitions - jus itineris

Jus itineris is a legal term, originating from Roman law, that describes a specific type of right-of-way. It grants an individual the right to pass over another person's land, but strictly limited to travel on foot or horseback. This right is typically established when one property needs to cross an adjacent property to reach a public road, a water source, or another essential location. It creates a burden on the land being crossed (the "servient" property) for the benefit of the land whose owner has the right to cross (the "dominant" property).

Here are a few examples to illustrate this concept:

• Imagine a small farm in a rural area that is completely surrounded by a larger neighboring estate. The only practical way for the farmer to reach the main public road is by crossing a specific path through a corner of the neighbor's property. If a jus itineris were legally established, the farmer would have the right to walk or ride a horse along that designated path to access the road. The neighbor could not block this passage, even though it's on their private land, because the right is legally attached to the farm for its necessary access.

• Consider a historical village where several homes were built on one side of a river, and the only bridge to the village market and public well was located on the other side, requiring passage across a specific field owned by a private landowner. If a jus itineris was recognized, the residents of those homes would possess a legal right to traverse that private field on foot or horseback to reach the bridge, market, and well. This right would ensure their essential access without allowing them to drive carts or wagons, thus limiting the impact on the landowner's property.

• In an ancient context, if one estate had a vital natural spring but the most direct and practical route for a neighboring estate to access this water source was by walking across a specific section of the first estate's land, a jus itineris could be granted. This would allow the owner of the second estate to walk across the first estate along the designated path to fetch water. The right would be strictly for foot traffic, ensuring that the property owner granting the right maintained control over their land while providing necessary access to their neighbor.