Jus Tertii: The Legal Concept of Third Party Rights Explained
Definition & Meaning
Jus tertii is a Latin phrase that translates to "right of a third party." It refers to a situation where a person who is not the owner of a property, such as a tenant or a bailee, claims that the rightful title belongs to someone else. This claim can be used as a defense in legal disputes over possession, such as cases of detinue (wrongful detention of property) or conversion (unauthorized use of someone else's property). Essentially, when a person raises a jus tertii argument, they are asserting that their claim to possess the property is invalid because another party holds legitimate title to it.
Legal Use & context
Jus tertii is primarily used in property law and tort law. It allows individuals in possession of property to argue that their right to occupy or use the property is subordinate to the rights of another party. This concept is significant in various legal contexts, including:
- Property disputes between landlords and tenants.
- Claims involving bailments, where one party temporarily holds property for another.
- Defenses in tort cases related to possession and ownership.
Users can manage some related legal processes using templates available through US Legal Forms, which provide ready-to-use documents for property disputes and other legal matters.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A tenant who is leasing an apartment may argue that they have the right to remain in the property because they have a lease agreement, even if the landlord claims they have not paid rent. The tenant may assert that a third party (the original property owner) has a legitimate claim to the property.
Example 2: A bailee who is holding a car for a friend may claim that the car belongs to a third party who has a valid title, thus defending against a claim of conversion by someone else who asserts ownership of the vehicle. (hypothetical example)