Legal Definitions - non pars substantiae sive fundi, sed accidens

The Latin phrase non pars substantiae sive fundi, sed accidens translates to "not a part of the substance or the land, but an accident." In legal contexts, particularly in Scots law, this term describes something that is not an essential, inherent, or physical component of a piece of land or its fundamental nature. Instead, it refers to a right, burden, or attribute that is attached to or affects the land, but is distinct from the land's physical substance or core ownership.

Think of it as an accessory or a characteristic that modifies the land's use or value, rather than being the land itself or an inseparable physical part of it.

• Example 1: A Right of Way

  Imagine a situation where Property A has a legal right to use a specific path across Property B to reach a public road. This is known as a servitude or easement.

  This illustrates non pars substantiae sive fundi, sed accidens because the right to cross Property B is not a physical part of Property A, nor is it the fundamental substance of Property B. The path itself is part of Property B's physical land. However, the right to use that path is a legal attribute or burden ("accidens") attached to both properties. It affects how Property B can be used and benefits Property A, but it is not the land itself or an intrinsic physical component of either property.

• Example 2: A Restrictive Covenant

  Consider a residential neighborhood where all property deeds include a covenant stating that no structure can be built taller than two stories, or that all houses must maintain a specific architectural style.

  Here, the restriction on building height or architectural style is not a physical part of the land or its inherent substance. The land itself remains the same soil and space. Instead, this covenant is a legal condition or attribute ("accidens") that is attached to the property. It dictates how the land can be developed and used, influencing its character and value, but it is separate from the physical "substance" of the land itself.