Legal Definitions - jus projiciendi

Jus projiciendi is a legal right, typically recognized in civil law systems, that permits a property owner to extend a structural projection from their building into the open space or airspace that legally belongs to an adjacent neighbor's property.

This right is a type of "servitude," meaning it creates a specific burden on one property (the neighbor's) for the benefit of another property (the one with the projection). It allows for certain architectural features to extend beyond the strict boundary line, utilizing a neighbor's space without actually owning that portion of the land or airspace.

• Example 1: Balcony Over a Shared Alleyway

  Ms. Chen owns a townhouse in a dense urban area. Her property line is very close to her neighbor, Mr. Davies, and there's a narrow strip of land, technically part of Mr. Davies' property, that serves as a shared access path. Ms. Chen wants to add a small decorative balcony to her second story that would extend about three feet over this shared path.

  If Ms. Chen has a jus projiciendi right, she would be legally permitted to build this balcony, even though it projects into the airspace above Mr. Davies' land. This right allows her to use a portion of his property's airspace for her building's projection without owning that land.

• Example 2: Bay Window Extending Over a Side Yard

  A developer is constructing two semi-detached homes on a small plot. To maximize interior space and aesthetic appeal, the design includes a bay window on one home that slightly protrudes into the designated side yard space of the adjacent home, specifically the airspace above it.

  The developer might establish a jus projiciendi right in the property deeds for the bay window. This means the owner of the first home has the legal right to maintain that bay window, even though it projects into the airspace above the neighbor's side yard, creating a specific burden on the neighbor's property for the benefit of the projecting structure.

• Example 3: Overhanging Commercial Signage or Eaves

  A commercial building is being renovated, and the owner wishes to add a decorative cornice or a set of overhanging eaves that extend slightly beyond the property line, into the airspace above a private alleyway owned by the neighboring business.

  If a jus projiciendi exists, the owner has the legal authority to construct and maintain these architectural features that project into the neighbor's airspace. This right ensures that the neighbor cannot demand the removal of the projection simply because it crosses the property line into their air rights.