Legal Definitions - labes realis quae rei inhaeret

The Latin phrase labes realis quae rei inhaeret translates to "a real defect that attaches to the thing."

In legal terms, this refers to a fundamental flaw or legal encumbrance that is inherent in an item or property itself, rather than being a personal issue with its current owner. This defect "sticks" to the item, meaning it persists even if the item is sold or transferred to new owners, regardless of their honesty or awareness of the flaw. It affects the item's true legal status, value, or usability.

• Example 1: Counterfeit Goods

  Imagine a collector purchases a rare, vintage watch from a reputable auction house, believing it to be genuine. Years later, they sell it to another collector. Eventually, an expert examines the watch and discovers it is a highly sophisticated counterfeit.

  How it illustrates the term: The "labes realis" is the watch's inherent lack of authenticity. This fundamental defect "attaches to the thing" itself. No matter how many times the watch is sold or how honestly each owner acquired it, it remains a counterfeit. This defect cannot be removed by a change of ownership and affects its true value and legal standing.

• Example 2: Property with Undisclosed Environmental Contamination

  A developer buys a plot of land to build new homes. During construction, significant soil contamination from a previous, long-forgotten industrial use is discovered. Neither the developer nor the previous owner was aware of this contamination at the time of sale.

  How it illustrates the term: The environmental contamination is the "labes realis." This is a fundamental, physical defect in the land itself. Even though the land has changed hands, the contamination persists, potentially imposing substantial cleanup costs and legal liabilities on the current owner. The defect "inheres" in the property, regardless of who holds the title.

• Example 3: Art with Disputed Provenance

  An ancient sculpture, illegally excavated from an archaeological site in one country, is smuggled across borders and eventually sold to an art gallery in another country. The gallery, unaware of its illicit origin, then sells it to a private collector.

  How it illustrates the term: The "labes realis" is the sculpture's illegal origin and the potential claim of the country from which it was stolen. This fundamental legal flaw "attaches to the thing" itself. Even an honest purchaser, like the private collector, may not acquire full, unchallengeable title because the defect of illicit provenance persists with the object, regardless of changes in ownership.