JUS DOMINO PROXIMUM

jus domino proximum (j<<schwa>>s dom-<<schwa>>-noh prok-s<<schwa>>-m<<schwa>>m). [Law Latin] Scots law. A right nearly equal to that of absolute property; a feuholder’s right. See FEU.

“Jus domino proximum …. Such a right is enjoyed by one who holds lands in feu, for he is entitled to sell the subjects, or alter or use them in any way he thinks proper. And yet the property is not absolutely his — that is, he does not hold the property so absolutely as did the superior from whom he acquired, because the land is burdened with the feu-duty payable to the superior, and to this extent the absolute right of property is restricted. Similar to the right of a feuar under our law, was that of the emphyteuta under the civil law.” John Trayner, Trayner’s Latin Maxims 304–05 (4th ed. 1894).

[Blacks Law 8th]