Legal Definitions - jus protegendi

Jus protegendi refers to a specific legal right, originating in civil law systems, that allows the roof or a portion of the roof structure of one building to extend or overhang onto an adjacent neighbor's property.

This right is considered a servitude, which means it is a burden on one property (the neighbor's) for the benefit of another property (the one with the overhanging roof). It legally permits what would otherwise be considered an encroachment, ensuring the benefiting property owner can maintain their roof structure without legal challenge from the neighbor whose land is slightly overhung.

• Imagine a densely populated historic district where two row houses, built centuries ago, share a common wall. The roof of House A was constructed with a slight eave that extends a few inches over the property line onto House B's land. If the owners of House A possess jus protegendi, they have a legally recognized right to maintain that roof overhang, even though it technically encroaches on House B's property. This right would prevent the owner of House B from demanding the removal of the overhang or suing for trespass.

• A developer is constructing a new commercial building on a narrow lot in a bustling city. Due to the tight constraints and the need for proper rainwater drainage, the architectural plans require a small portion of the building's roof eaves to extend approximately six inches over the adjacent property line. Before construction begins, the developer negotiates with the neighbor to establish jus protegendi. Once legally established, this grants the developer the permanent right to have that specific roof overhang, ensuring the building can be constructed as designed without future disputes over the encroachment.

• Consider two detached homes in a Mediterranean-style village where traditional architecture often features terracotta roof tiles with slight overhangs. The owner of Villa A needs to repair their roof, which has a small section of tiles that historically extended over the boundary line onto Villa B's garden. If Villa A has jus protegendi, the owner can proceed with repairs, including replacing the overhanging tiles, without needing explicit permission from Villa B's owner for that specific encroachment. This right ensures the continued structural integrity and weather protection of Villa A's roof, even where it slightly intrudes on the neighbor's airspace.