Concept

Sic Utere

Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Problems

"The Fountainebleau hotel extension would clearly harm the Eden Roc hotel by casting a shadow over the pool area. The “sic utere” formulation—that one’s right to use one’s property is limited only to the extent a use would harm others—would seem to dictate that Fountainebleau’s harmful use not be allowed. The court said that the principle extends only to preventing uses of one’s property that harm the rights of another. The court decided that the plaintiff had no legal right to receive sunlight through the property of a neighbor.\n\nPrah v. Maretti involves a conflict between one landowner, interested in unobstructed access to sunlight across adjoining property as a natural source of energy, and an adjoining landowner, interested in the development of his land. The circuit court concluded that the plaintiff presented no claim upon which relief could be granted and granted summary judgment for the defendant. The judgment of the circuit court was reversed and the cause remanded for further proceedings."

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Sic Utere | Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 | Bifalgorithm | Bifalgorithm