Legal Definitions - paries oneri ferendo, uti nunc est, ita sit

The phrase paries oneri ferendo, uti nunc est, ita sit is a Latin legal principle originating from Roman law. It translates to "the wall for bearing the burden, as it now is, so let it be."

This principle describes a specific type of legal obligation or right, often referred to as an urban servitude. It means that if a wall on one property provides essential structural support for a building on an adjacent property, the owner of the supporting wall is legally obligated to maintain that wall in its existing condition. This ensures the wall continues to provide the necessary support for the neighboring structure, preserving its stability and integrity. Essentially, it prevents the owner of the supporting wall from altering or removing it in a way that would compromise the structural reliance of the adjacent building.

Here are some examples to illustrate this concept:

• Shared Party Wall in Row Houses: Imagine two older row houses, Property A and Property B, built side-by-side and sharing a common party wall. The upper floors of Property B are structurally integrated with and rely heavily on this shared wall for support. Under the principle of paries oneri ferendo, uti nunc est, ita sit, if the owner of Property A decides to renovate their house or even demolish it, they cannot simply remove or weaken the shared wall without ensuring that Property B continues to receive the same level of structural support it currently enjoys. They would be obligated to maintain the wall's load-bearing capacity or provide an equivalent alternative support system for Property B.

• Historic Building Supporting a Smaller Annex: Consider a historic three-story building (Property X) in a city center. Decades ago, a smaller, two-story annex (Property Y) was constructed directly against one of Property X's exterior walls, with its roof and floor joists tied into and supported by Property X's wall. In this scenario, Property X's wall is "bearing the burden" of Property Y. If the owner of Property X plans a major renovation that involves altering or removing this specific wall, they are bound by this legal principle to ensure that Property Y's structural integrity is maintained "as it now is." They cannot compromise the stability of the adjacent annex.

• Commercial Properties with Interdependent Structures: In a dense commercial district, a multi-story office building (Building P) has a side wall that also serves as a critical load-bearing element for an older, adjacent single-story retail shop (Building Q). Building Q was constructed in a way that its roof and internal structure depend on the lateral and vertical support provided by Building P's wall. Should the owner of Building P decide to undertake a redevelopment project that would affect this shared wall, the principle of paries oneri ferendo, uti nunc est, ita sit would obligate them to ensure that Building Q continues to receive its current level of structural support. This might involve constructing temporary shoring or a new independent support structure for Building Q before any work on Building P's wall can proceed.