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Simple English definitions for legal terms
non pars substantiae sive fundi, sed accidens
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A quick definition of non pars substantiae sive fundi, sed accidens:
NON PARS SUBSTANTIAE SIVE FUNDI, SED ACCIDENS: This is a fancy way of saying that something is not a part of the land or property, but just an extra thing that comes with it. This phrase is often used in Scottish law when talking about things like servitudes.
NONPARTICIPATING: This means that someone or something is not taking part in something else. For example, if you are a nonparticipating member of a group, you don't have the right to share in any profits or extra money that the group makes.
A more thorough explanation:
NON PARS SUBSTANTIAE SIVE FUNDI, SED ACCIDENS
Non pars substantiae sive fundi, sed accidens (pronounced non parz səb-stan-shee-ee sI-vee fən-dI, sed ak-si-denz) is a Latin legal term used in Scots law. It refers to something that is not a part of the substance or the land, but an accident. This phrase is often used in reference to servitudes and other legal matters.
An example of non pars substantiae sive fundi, sed accidens would be a right of way over someone else's land. The right of way is not a part of the land itself, but rather an accident or incidental right that someone else has over the land.
Another example would be a leasehold interest in a property. The leasehold interest is not a part of the substance or the land, but rather a temporary right to use and occupy the land for a certain period of time.
These examples illustrate the definition of non pars substantiae sive fundi, sed accidens because they both involve rights or interests in land that are not inherent to the land itself, but rather incidental or accidental.