sic utere tuo ut alienum non laedas
Meaning. Use your own property in such a way as not to injure another's.
This maxim limits the rights of an owner: he may use his property as he likes, but not so as to cause unreasonable harm to his neighbour. It is the basis of the tort of private nuisance and of the rule in Rylands v. Fletcher, and Indian courts invoke it in environmental cases against polluting industries.
The maxim does not forbid every use that causes some inconvenience; the law balances the reasonable use of each party. A trivial annoyance is not actionable, but substantial interference with health, comfort or use of land is.
Example
A factory owner may run his machines, but sic utere tuo ut alienum non laedas: he cannot discharge effluents that ruin the neighbouring farms.
See also
nuisance · private nuisance · strict liability · polluter pays principle
Read more in the study notes
- Law and Lawyers: Gandhi's preparation for England, the Bar and his first years of practice (English)
- State responsibility (Public International Law)