Legal Definitions - jus non decrescendi

Jus non decrescendi is a legal principle, particularly found in Scots law, that refers to the right of not suffering diminution. This means it is a right to prevent something from being reduced, lessened, or decreased. Essentially, it protects an existing right, benefit, or property interest from being made smaller or less valuable.

• Example 1: Property Rights (Servitude)

  Imagine a property owner in Scotland who has a legally established right (a "servitude" in Scots law, similar to an easement) to draw water from a specific well located on a neighbor's adjacent property. This right was granted many years ago and is recorded. If the neighbor decides to subdivide their land and sell off parts of it, the principle of jus non decrescendi would mean that the original property owner's right to draw water from that well cannot be diminished or reduced, regardless of the changes in ownership or the division of the neighboring land. Their right to the full amount of water they are entitled to remains intact.

• Example 2: Beneficiary Rights in a Trust

  Consider a will that establishes a trust for a deceased person's children. The will specifies that each child is to receive an equal share of the trust's annual income for their lifetime. The principle of jus non decrescendi would ensure that the trustee managing the fund cannot unilaterally decide to reduce one child's share of the income, for instance, to benefit another child more or to cover unexpected administrative costs not sanctioned by the trust deed. Each child's right to their specified share of the income is protected from diminution.

• Example 3: Public Rights of Way

  In a Scottish village, there might be a long-established public right of way – a path used by the community for generations to access a local beauty spot. This right is recognized under Scots law. If a new landowner purchases the private land through which this path runs, they cannot legally diminish this public right by, for example, narrowing the path, erecting obstacles, or attempting to divert it significantly without proper legal process and justification. The community's right to use the path without diminution is protected by jus non decrescendi.