Legal Definitions - super aliquam partem fundi

super aliquam partem fundi

This is a historical Latin legal phrase that translates to "upon any part of the land." It was used in legal contexts, particularly concerning property law, to specify that a particular right, obligation, or event pertained to a distinct, identifiable portion of a larger piece of land, rather than to the entire property as a whole.

• Example 1: A Specific Easement

  Imagine a large rural estate in the 18th century. The owner grants a neighbor the right to draw water from a specific well located in one corner of the estate. This right to access and use the well would be legally described as existing super aliquam partem fundi, meaning it applies only to that particular small area where the well is situated, not to the entire sprawling estate.

  Explanation: This example illustrates the term because the legal right (to draw water) is not granted over the entirety of the land but is specifically confined to a designated "part of the land" where the well is located.

• Example 2: A Localized Covenant

  Consider a historical land deed for a large plot of land that includes a clause stating that no commercial buildings may ever be constructed on the northernmost five acres of the property, while the rest of the land has no such restriction. This specific building restriction would be understood as applying super aliquam partem fundi – specifically, upon those particular five acres, rather than the entire parcel.

  Explanation: Here, the legal obligation (the building restriction) is not universal across the property but is targeted at a distinct "part of the land," demonstrating the phrase's use for localized conditions.

• Example 3: An Encroachment

  In a boundary dispute from centuries past, if a farmer's fence was found to have been built a few feet onto a neighbor's property, the legal finding would state that the fence encroached super aliquam partem fundi – specifically, upon that narrow strip of the neighbor's land, not the neighbor's entire farm.

  Explanation: The encroachment affects only a particular "part of the land," not the whole property, making this a clear illustration of how the term would describe an issue localized to a specific section of a larger landholding.