Legal Definitions - utitur jure suo

The Latin phrase utitur jure suo translates to "he exercises his own right."

This legal principle refers to a situation where an individual or entity acts entirely within their legal rights, even if their actions inadvertently cause some inconvenience or negative impact on another party. The key is that the action itself is lawful and within the actor's entitlements, meaning they are simply doing what they are legally permitted to do, and therefore cannot be held liable for the incidental negative effects.

Here are a few examples to illustrate this concept:

• Property Development: Imagine a homeowner who decides to build a new, legally permitted addition to their house. This addition, while fully compliant with local zoning laws and building codes, happens to block some of the sunlight that previously reached their neighbor's garden. The homeowner is utitur jure suo because they are exercising their right to develop their property within legal boundaries. Even though the neighbor's garden now receives less sun, the homeowner is not acting unlawfully or maliciously, but simply utilizing their property rights.

• Business Competition: Consider a scenario where a new, independently owned bookstore opens in a town, directly competing with an existing, long-established bookstore. The new store offers similar books and services, leading to a decrease in sales for the older business. The owner of the new bookstore is utitur jure suo. They are exercising their right to establish and operate a lawful business in a competitive market. While their actions negatively impact the competitor's profits, they are not engaging in any illegal or unfair business practices, but simply participating in free enterprise.

• Lawful Noise: A family living in a residential area decides to host a backyard barbecue on a Saturday afternoon. They play music at a reasonable volume that complies with all local noise ordinances and conclude the event before the designated quiet hours. A neighbor, who works an overnight shift, finds the music disruptive to their sleep, even though it is not excessively loud or played at an inappropriate time. The family is utitur jure suo; they are exercising their right to enjoy their property within the bounds of local laws. The neighbor's personal inconvenience, while understandable, does not make the family's lawful activity a legal wrong.