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Sic utere tuo ut alienum non laedas

Maxim
Torts
Literal meaningUse your own property so as not to harm another's
Pronunciationsik YOO-teh TOO-oh ut al-ee-AY-num non LAY-das

A person may use their property, but not in a way that harms a neighbour. It is the basis of the law of nuisance and of strict liability for dangerous things.

Example

A factory emits thick smoke that damages the crops of the farm next door. The factory owner must answer for the harm.

Case laws
  • Rylands v. Fletcher (1868), House of Lords: a reservoir on the defendant's land burst and flooded the plaintiff's mine. Held: the defendant who brings and keeps a dangerous thing on his land is liable if it escapes.
  • St. Helen's Smelting Co. v. Tipping (1865), House of Lords: fumes from a copper works damaged the plaintiff's trees. Held: a substantial material injury to property is actionable in nuisance.
Exceptions / limits

The maxim covers only unreasonable use. Ordinary, reasonable use of one's property that causes only slight inconvenience is allowed.

Exam tip

Asked with nuisance and Rylands v. Fletcher.

Memory trick

Your land, but not your neighbour's trouble.

Key takeaway

Use your property in a way that does not harm others.

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