Legal Definitions - ut currere solebat

Ut currere solebat is a Latin phrase that translates to "as it was accustomed to run" or "as it used to flow." In legal contexts, particularly concerning property law and easements, this term refers to the long-established, customary, or historical course, flow, or condition of something. It highlights the significance of a long-standing pattern or state of affairs, suggesting that rights, obligations, or property boundaries might be determined by how things have historically operated rather than by recent alterations or formal written agreements.

• Example 1: Drainage Easement

  Imagine two adjacent properties. For over fifty years, rainwater from Property X has naturally flowed across a specific, low-lying section of Property Y and into a public storm drain. There is no formal written agreement for this drainage. If the owner of Property Y decides to build a structure that would block this natural water flow, the owner of Property X might argue that the water should be allowed to continue flowing ut currere solebat. This means they would assert a right to maintain the drainage pattern as it has historically existed, potentially claiming a prescriptive easement based on the long-standing custom.

• Example 2: Prescriptive Right of Way

  Consider a small, unpaved lane that has been used by residents of a rural community for generations to access a public park, crossing a corner of a private farm field. There is no recorded easement or formal permission for this path. If the current farm owner decides to erect a fence to block access, the community members could argue that their right to use the lane should continue ut currere solebat. They would contend that the path has been used openly, continuously, and without permission for so long that it has become an established right of way, reflecting how access has "always run."

• Example 3: Water Rights for Irrigation

  Two farms, Farm A and Farm B, share an ancient irrigation canal that diverts water from a nearby river. For over a century, the canal has consistently supplied water to both farms, with a traditional, unwritten understanding of how the water is divided at a specific point. If the owner of Farm A attempts to alter the canal to take a larger share of water, the owner of Farm B could invoke ut currere solebat. This argument would assert that the water distribution should continue as it has historically flowed and been divided, reflecting a long-established customary right to a specific volume of water based on historical practice.