Legal Definitions - oneris ferendi

Oneris ferendi is a Latin legal term originating from Roman law, which translates to "of bearing a weight or burden." In a legal context, it refers to a specific type of legal obligation, often associated with property rights, where one party has a duty to provide structural support or bear the physical weight of another's property or structure. It essentially describes the obligation to sustain a load or provide necessary support.

• Example 1: Shared Party Wall

  Consider two adjacent commercial buildings, Building A and Building B, in a bustling city center. If Building B's entire side wall, including its upper floors, is designed to rest upon and be structurally supported by a party wall that is primarily part of Building A's foundation, then Building A would have the oneris ferendi.

  This illustrates the term because Building A bears the physical "weight" or "burden" of supporting a significant portion of Building B's structure. This creates a legal obligation for Building A to maintain the party wall's structural integrity to ensure that support continues, even though it benefits Building B.

• Example 2: Overhanging Structure Support

  Imagine a situation where a historical theater, Theater X, has an elaborate stone marquee that extends significantly over the adjacent property, Property Y. The original construction involved anchoring the marquee's heavy support beams directly into the structural walls of Property Y.

  In this scenario, Property Y has the oneris ferendi. It carries the physical burden of supporting Theater X's marquee, meaning Property Y has a legal duty to ensure its structure can continue to bear that weight, even if the marquee provides no direct benefit to Property Y.

• Example 3: Foundation Support on Uneven Terrain

  Consider two residential properties built on a steep hillside. Property C, located at a lower elevation, has a deep, robust foundation that also provides essential lateral support to Property D, which sits directly above it. Without Property C's foundation, Property D's shallower foundation would be unstable and prone to shifting.

  Here, Property C bears the oneris ferendi. It carries the burden of providing the necessary structural support (its foundation) that benefits Property D by stabilizing its land and preventing subsidence. This creates an obligation for Property C to maintain its foundation in a way that continues to provide this crucial support to Property D.