MERE RIGHT

mere right.An abstract right in property, without possession or even the right of possession. — Also termed jus merum; merum jus; meer dreit.

“The mere right of property, the jus proprietatis, without either possession or even the right of possession. This is frequently spoken of in our books under the name of the mere right, jus merum; and the estate of the owner is in such cases said to be totally devested, and put to a right. A person in this situation may have the true ultimate property of the lands in himself: but by the intervention of certain circumstances, either by his own negligence, the solemn act of his ancestor, or the determination of a court of justice, the presumptive evidence of that right is strongly in favour of his antagonist; who has thereby obtained the absolute right of possession …. The heir therefore in this case has only a mere right, and must be strictly held to the proof of it, in order to recover the lands.” 2 William Blackstone, Commentaries on the Laws of England 197–98 (1766).

[Blacks Law 8th]