Legal Definitions - nuda patientia

Nuda patientia is a Latin legal term that translates to "mere sufferance." It describes a passive obligation where an individual or property owner must simply allow or tolerate a particular action, condition, or right exercised by another party, without being required to take any active steps to facilitate, maintain, or improve it. Essentially, it's a duty to permit something to happen or exist, rather than a duty to actively do something.

• Example 1: A Shared Driveway Easement

  Imagine two neighboring properties, Property A and Property B. Property A grants Property B an easement (a legal right) to use a portion of Property A's land as a shared driveway to access Property B's garage. Under the principle of nuda patientia, the owner of Property A must allow the owner of Property B to use that driveway. However, the owner of Property A is generally not obligated to actively maintain the driveway, such as filling potholes, repaving it, or clearing snow from it, for Property B's benefit. Their duty is simply to tolerate Property B's use of the existing driveway.

• Example 2: Overhanging Tree Branches

  Consider a large tree growing on Property X, whose branches naturally extend and overhang into Property Y. The owner of Property X has an obligation of nuda patientia regarding these branches. They must suffer the fact that their tree's branches extend over Property Y. While the owner of Property Y might have the right to trim those overhanging branches if they cause an issue, the owner of Property X is not typically required to actively prune the tree themselves to prevent the overhang or to maintain the branches for Property Y's convenience. Their duty is to tolerate the situation and not interfere if Property Y's owner exercises their right to trim.

• Example 3: Utility Line Right-of-Way

  A homeowner might have a utility company's electrical lines or water pipes running across a specific part of their backyard, established through a right-of-way agreement. This creates an obligation of nuda patientia for the homeowner. They must allow the utility lines or pipes to remain on their property and permit the utility company to access them for maintenance or repair. However, the homeowner is not required to actively maintain the utility infrastructure itself, such as clearing vegetation around the lines, ensuring the pipes are free of blockages, or performing any repairs. Their duty is to passively tolerate the presence of the utility lines and the utility company's access.