Legal Definitions - merum jus

Merum jus is a Latin term that translates to "mere right." In legal terms, it refers to a fundamental legal right to something, such as property, that exists in principle but is not currently accompanied by possession or immediate enjoyment. It signifies a right that needs to be established, recovered, or proven through legal action, often because another party is in possession or disputes the claim. It is a right to something, rather than the actual, present possession or use of it.

Here are some examples to illustrate this concept:

• Property Inheritance Dispute: Imagine a situation where an individual inherits a rural plot of land through a valid will. However, a distant relative has been living on and cultivating that land for several years, believing it was theirs. The heir possesses the merum jus to the property; they have the legal right of ownership established by the will. However, they do not have actual physical possession or control of the land. To fully exercise their right, they would need to initiate legal proceedings, such as an ejectment lawsuit, to recover possession from the relative.

• Disputed Easement: Consider a homeowner who sells a portion of their large estate but retains a legal easement – a right to use a specific part of the sold land for a particular purpose, like a shared driveway to access a public road. For years, the original homeowner continues to use a different access point and never builds or uses the shared driveway. The homeowner still holds the merum jus to that easement; they have the legal right to build and use the driveway across the sold property. Even though they are not currently exercising this right or in physical possession of that specific strip of land for that purpose, the right legally exists and could be asserted if the new owner tried to block it.

• Claim to Unsettled Estate Assets: Suppose a will clearly states that a specific antique painting is to be given to a particular beneficiary. Before the estate is fully settled and assets distributed, another family member takes the painting, claiming it was a verbal gift from the deceased. The named beneficiary has the merum jus to the painting; they have the legal right to it according to the will. However, they do not have physical possession, and they might need to pursue legal action against the family member to enforce their claim and recover the painting.