Legal Definitions - jus precarium

Jus precarium refers to a right to use or possess something that belongs to another, where that permission is granted purely out of goodwill or generosity, rather than through a formal, legally binding agreement. Crucially, the person enjoying this right has no legal recourse if the owner decides to withdraw their permission. Their only option is to request or entreat the owner to continue allowing the use.

In essence, it describes a precarious or uncertain right because it can be revoked at any time by the owner, and the user cannot legally challenge that decision.

• Example 1: Parking on a Neighbor's Driveway

  Imagine your neighbor, out of kindness, allows you to park your second car in a spare spot on their driveway because you lack adequate parking at your own home. There is no written agreement, no money exchanged, just a friendly understanding. This arrangement would be considered a jus precarium. If your neighbor later decides they need the space for their own purposes, perhaps for a new vehicle or a visiting relative, you have no legal right to insist on continuing to park there. Your only recourse would be to politely ask if you could still use it, but they are under no legal obligation to agree.

  This illustrates jus precarium because your "right" to park is entirely dependent on your neighbor's ongoing goodwill, and you cannot legally enforce it if they change their mind.

• Example 2: Informal Use of Private Land for Recreation

  Consider a situation where a private landowner has, for many years, allowed local hikers to use a path across their property to access a scenic viewpoint. There's no formal easement or public right-of-way established; it's simply a tradition based on the landowner's generosity. If the landowner decides to fence off their property or develop the area, the hikers' "right" to use the path is a jus precarium. They cannot legally challenge the landowner's decision to restrict access, as their permission was never legally binding. Their only option would be to appeal to the landowner's community spirit.

  This demonstrates jus precarium because the hikers' use of the path is a privilege, not a legally enforceable right, and can be revoked by the owner at any time without legal consequence.

• Example 3: Temporary Use of Office Space

  A startup company is struggling financially, and a larger, more established business offers them a vacant office in their building to use for free for a few months, just to help them get on their feet. There is no lease agreement, no formal contract, just a verbal understanding. This temporary use of the office space is a jus precarium. If the larger business suddenly needs the space for its own expansion or decides to rent it out to a paying tenant, the startup cannot legally demand to stay. Their "right" to use the office was based solely on the larger business's generosity and can be withdrawn at will.

  This exemplifies jus precarium because the startup's occupancy is entirely at the discretion of the building owner, and they have no legal standing to prevent the owner from reclaiming the space.