Understanding Qui Obstruit Aditum, Destruit Commodum in Law
Definition & Meaning
The phrase "Qui obstruit aditum, destruit commodum" translates to "a person who obstructs a way or entrance destroys a benefit or convenience." This concept emphasizes that when someone prevents another individual from accessing a property or land, they are effectively undermining the benefits that the obstructed person is entitled to. This principle is often relevant in property law and disputes regarding access rights.
Legal Use & context
This term is primarily used in property law, particularly in cases involving easements, access rights, and land use disputes. It can arise in various legal contexts, including civil litigation where one party claims that another has unlawfully obstructed their access to a property. Users may find legal templates and forms helpful for managing these types of disputes through platforms like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner builds a fence that blocks the only path to a neighbor's property, preventing them from accessing their land. This action could be seen as obstructing access and destroying the neighbor's benefit of using their property.
Example 2: A landlord fails to provide access to a tenant's unit due to construction, thereby denying the tenant the benefit of their rental agreement. (Hypothetical example)