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Simple English definitions for legal terms
non utendo
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A quick definition of non utendo:
Term: NON UTENDO
Definition: Non utendo means "by nonuse" in Latin. In Roman and Scots law, certain rights, like some servitudes, could be lost if they were not used. This means that if someone neglects to use their rights, they may lose them.
A more thorough explanation:
NON UTENDO
Non utendo (non yoo-ten-do) is a Latin term used in Roman and Scots law. It means that certain rights, such as some servitudes, can be lost through neglect of use.
For example, if a landowner has a right of way over a neighbor's property but does not use it for a long time, they may lose that right. Similarly, if a person has a right to fish in a particular river but does not exercise that right, they may lose it through non utendo.
Another example could be a person who has the right to use a shared driveway but chooses not to use it for a long time. If they do not use it, they may lose that right.
The examples illustrate how non utendo works in practice. If a person has a right but does not use it, they may lose it. This is to prevent people from holding onto rights that they do not need or use, which could prevent others from using them. It also encourages people to actively exercise their rights to ensure they do not lose them.