Legal Definitions - omne jus reale

omne jus reale

Historically, this Latin phrase translates to "every real right." In legal terms, a "real right" refers to a legal entitlement that a person holds directly over a specific piece of property, such as land or a building. Unlike a personal right, which is enforceable only against a particular individual (like a contract between two people), a real right is enforceable against anyone who might interfere with that property. It is a right tied to the thing itself, rather than to a specific person.

Here are some examples illustrating the concept of a "real right":

• Property Ownership: Imagine Sarah owns a house and the land it sits on. Her ownership is a classic example of a "real right."
  • Explanation: Sarah's right to occupy, use, and exclude others from her property is not just a personal agreement with the previous owner. It is a right attached to the house and land itself, which she can assert against anyone in the world – whether it's a trespasser, a new neighbor, or someone else trying to claim the property.
• Easement (Right of Way): Consider a situation where Mark owns a parcel of land that can only be accessed by crossing a specific path on his neighbor Lisa's property. A legal agreement grants Mark an easement, or right of way, over Lisa's land.
  • Explanation: This easement is a "real right" because it is tied to Mark's property, not just a personal favor from Lisa. If Lisa sells her property to a new owner, the easement typically remains in effect, meaning the new owner must still allow Mark to use the path. Mark's right to cross the land is enforceable against anyone who owns Lisa's property.
• Mortgage or Lien: When a bank provides a loan for someone to buy a home, they typically secure that loan with a mortgage on the property.
  • Explanation: The bank's mortgage is a "real right" because it gives them a direct claim against the specific house and land. If the homeowner fails to repay the loan, the bank has the right to take legal action to seize and sell the property to recover their money, regardless of who else might try to claim an interest in the property. This right is attached to the property itself, not just to the borrower as an individual.