Legal Definitions - majus jus

Majus jus is a historical legal term from Law Latin, meaning "a greater right."

Historically, this term referred to a claim asserted in a legal proceeding (known as a "real action") where one party argued they had a superior or more legitimate right to possess a piece of real property (land or buildings) compared to another party.

• Example 1: Inherited Property vs. Unregistered Occupant

  Imagine a situation where a person, Sarah, legally inherits a family farm through a properly executed will and recorded probate process. She has all the necessary legal documents proving her ownership. However, a distant relative, Mark, has been living on a small corner of the farm for a few years, believing he has some vague ancestral claim but without any legal documentation or permission. In a historical legal dispute over the farm, Sarah would assert majus jus, demonstrating her legally recognized and documented "greater right" to the property compared to Mark's undocumented occupation.

• Example 2: Recorded Deed vs. Informal Agreement

  Consider a scenario where a developer, Corporation X, purchases a plot of land and duly records the deed with the local land registry, establishing clear legal ownership. Later, a local community group claims a portion of that land, asserting they had an informal, unwritten agreement with the previous owner decades ago to use it as a community garden. If this dispute were to arise in a historical context, Corporation X would argue majus jus, presenting their officially recorded deed as definitive proof of their "greater right" to the property over an unwritten, informal agreement.

• Example 3: Prior Mortgage Holder vs. Subsequent Claimant

  Suppose a bank holds a valid, properly recorded mortgage on a commercial building, giving them a significant legal interest in the property. The property owner later defaults on a separate, unsecured loan to a different individual, who then tries to claim a lien on the building based on that debt. In a historical legal challenge concerning the property, the bank would assert majus jus, demonstrating their "greater right" to the property through their prior, recorded mortgage, which legally supersedes the later, unsecured claim.