Legal Definitions - jus oneris ferendi

Jus oneris ferendi is a Latin legal term from ancient Roman law that describes a specific type of property right known as an urban praedial servitude. It literally translates to "the right of carrying a burden."

In essence, jus oneris ferendi granted one property owner the legal right to have their building or structure supported by an adjacent neighbor's property. This was unique because, unlike most servitudes which simply required a neighbor to *allow* something (like a right of way) or *refrain* from doing something (like blocking a view), jus oneris ferendi could impose a positive duty on the servient owner (the neighbor providing support). This meant the neighbor might not only have to permit the support but also potentially maintain the supporting structure itself.

Here are some examples to illustrate this concept:

• Example 1: Shared Party Wall in Historic Districts

  Imagine two very old, adjoining townhouses in a historic city center. The upper floors of House A are structurally dependent on a party wall that is legally considered to be primarily part of House B's property. Under a concept similar to jus oneris ferendi, House A would have the legal right to rely on that wall for support. Furthermore, if the servitude included a positive duty, House B might be legally obligated to ensure the structural integrity of that shared wall, even if the primary benefit of its maintenance was for House A's support.

• Example 2: Cantilevered Building Section

  Consider a modern architectural design where a portion of a new building, perhaps a cantilevered section or an extended balcony, is designed to legally rest upon or be structurally anchored into a specific part of an adjacent, older building or its foundation. If a jus oneris ferendi were in place, the owner of the new building would have the legal right to that structural support from the neighbor's property. This could also imply a duty on the neighbor not to alter or demolish the supporting part of their structure in a way that would compromise the new building's stability.