Latin Phrases

Below is a list of Latin words and phrases that you may come across in deeds and legal writings.

Latin term

Translation

A fortiori 

By a stronger argument; with even stronger reason; in fortification.

A me vel de me 

By me or from me. This phrase was sometimes used to describe the feudal relationship: the property was not just sold but a continuing relationship between superior and vassal was created. This type of feudal relationship was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000.

A non domino 

From one who is not the proprietor.

Ab extra 

From outside.

Ab initio 

From the beginning.

Accumulando jura juribus 

By adding rights to rights. By this phrase the granter of a deed intends that the right conferred on the grantee is not to be regarded as coming in place of other rights which the grantee has or may acquire otherwise, but as an addition to them.

Acquirenda

Something which is to be acquired or obtained. In sequestration, the principle of acquirenda refers to property acquired by the debtor automatically vesting in the trustee. For petitions and debtor applications made before 1 April 2015, any right or property acquired or received by a debtor after the date of sequestration and before discharge vests in the trustee. For petitions and applications after this date, property or rights acquired or received by a debtor up to four years after the date of sequestration vests in the trustee. .

Ad factum praestandum 

For the performance of a certain act. An example of an obligation ad factum praestandum is a decree ordering delivery of certain writs.

Ad hoc

For this purpose only.

Ad hunc effectumLiterally "to this effect" but used to mean "with limited effect".

Ad infinitum 

For ever; without limit; to infinity.

Ad longum 

At length.

Ad perpetuam remanentiam 

To remain forever. Resignation ad perpetuam remanentiam (commonly "ad rem") occurs when the vassal surrenders to the superior the right of property which he holds in order that it may be re-incorporated with the right of superiority and remain with the superior. This type of action has not been competent since abolition of feudalism (Abolition of Feudal Tenure etc. (Scotland) Act 2000).

Ad valorem 

Based on value.

Aliunde

From elsewhere; from a different source.

Altius non tollendi 

A "light and prospect" servitude binding on the servient tenement, preventing him from raising any buildings or plants on his ground beyond a certain height. See also non aedificandi and non officiendi luminibus.

Ante

Before

Auctor in rem suam

One who acts in his own interest. A trustee is not permitted to act in this way.

Bona Fide 

Sincere; in good faith.

Bona vacantia 

Goods which fall to the Crown

Brevitas causa 

For the sake of brevity.

Ceteris paribus

Other things being equal.

Clare constat 

It clearly appears. A writ of clare constat was a type of deed that's use was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The writ was granted by a feudal superior in favour of the heir of a deceased vassal, granting warrant for infeftment and entry in the lands. It derives its name from the declaration with which it opens - that, from authentic documents laid before the superior, it clearly appears that the grantee is the heir.

Compos mentis 

Of sound mind and understanding.

Confusio

Confusion or merging. Confusion is one of the ways in which an obligation is extinguished. Examples: If a debtor succeeds or otherwise acquires the right of his creditor, his debt is extinguished confusione, because he then unites in his own person both debtor and creditor; the fusion of landlord's and tenant's interest when held by the same proprietor.

Consensu

Unanimously, or by general consent.

Consensus ad idem 

Agreement as to the same things.

Corpus

Body

Corpus delicti 

The body of the offence.

Curator bonis 

The name given to the person appointed by the Court for the preservation or management of an estate, the owner of which at the time is unable to manage or superintend it, usually because of minority or insanity.

De bonis asportatis 

Of goods carried away.

De die in diem 

From day to day.

De facto 

In fact.

De futuro

In the future.

De integro 

As regards the whole.

De jure 

Rightful; by right.

De minimis 

The law is not concerned with very small matters.

De novo 

Starting afresh.

De plano 

Immediately; summarily.

De praesenti 

At present; now.

Delegatus non potest delegare

A representative cannot devolve the powers entrusted to him by another. Example: a trustee or executor cannot appoint an attorney to act for them in their capacity of trustee or executor, although the attorney can act for them in their capacity as an individual.

Dominium

Ownership

Dominium Directum

A form of land ownership under the feudal system abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Formerly the right of land enjoyed by the feudal superior.

Dominium Eminens

A form of land ownership under the feudal system abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Formerly the Crown's interest in land as the ultimate feudal superior.

Dominium Utile

A form of land ownership under the feudal system abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Formerly the right of land enjoyed by the feuar. Any reference to dominium utile shall now be construed either as a reference to the land or as a reference to the ownership of that land.

Dominum plenum 

A form of land ownership under the feudal system abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Formerly the full right of property, including dominium directum and dominium utile of the subjects.

Dubitante

Doubting the correctness of the decision.

Effeiring Belonging to 
EgressWay out 

Eo ipso 

By the thing itself.

Ex adverso 

Opposite to.

Ex capite inhibitionisOn the ground of inhibition. Inhibition prohibits the debtor from alienating, and interdicts third parties from taking conveyances to such estate to the prejudice of the inhibiting creditor. If, notwithstanding such diligence being used, the debtor grants a conveyance while the inhibition stands unrecalled or undischarged, the creditor can have such conveyance reduced ex capite inhibitionis.

Ex facie

On the face of it.

Ex facie absolute dispositionAn apparently absolute disposition of property, but which was truly granted as security for a loan: superseded by the standard security.

Ex gratia 

Out of kindness; voluntary.

Ex officio 

Officially; by virtue of office.

Ex parte 

Proceeding brought by one person in the absence of another.

Ex post facto 

Retrospective; effected so as to affect something already done.

Exigible The amount which must be paid 

Factum

An act or deed.

Fructus naturales 

Vegetation which grows naturally without cultivation.

Habile

Valid; fit; competent for a legal purpose. A 15th century variant of "able".

Hinc inde 

On this side; on that side. Therefore the claims of parties hinc inde are their respective claims against each other.

Id est (i.e.) 

That is.

Idem

The same person or thing.

In camera 

In private.

In cumulo 

In total.

In delicto 

At fault.

In esse 

In existence.

In extenso 

At full length.

In futoro 

In the future.

In gremio 

in the body of.

In limine 

At the outset; on the threshold.

In loco parentis 

In place of the parent.

In omnibus 

In every respect.

In pleno 

In full.

In situ 

In its place.

In terrorem 

As a warning or deterrent.

In toto 

Entirely; wholly.

Indicia

Marks, signs.

Inter alia 

Amongst other things.

Inter alios 

Among other persons.

Inter naturalia

Among things naturally arising - such things are binding on successors.

Inter se 

Between them.

Inter vivos 

Between living persons.

Interium

Temporary, in the meanwhile.

Ipsissima verba 

The very words of a speaker.

Ipso facto 

By that very fact.

Jus

A right that is recognised in law.

Jus naturale 

Natural justice.

Jus quaesitum tertio 

A right vested in or acquired by a third party.

Jus relictaeThe right of the widow
Jus relictiThe right of the widower
Lacuna(1) an omission or blank space in a document, or (2) a situation not covered by a statutory provision.
Lex domiciliiThe law of the domicile, i.e. the law of the place where the person is considered to have his permanent home.
Lex loci actusThe law of the place where the act was performed.

Lex loci rei sitae 

The law of the place where the subjects are situated.

Loco parentis 

In place of a parent.

Mala fides 

Bad faith.

Medium filum 

The middle line (usually of a river).

Mortis causa

In contemplation of death. Example: a deed prepared in contemplation of death such as a will.

Mutatis Mutandis 

Things being changed which require to be changed. For example, where a developer sells houses in a development which all contain the same general clauses, the same burdens and confer the same rights, two of the dispositions granted by the developer are said to be the same mutatis mutandis if all that is different between them are the name of the purchasers, the addresses of the individual houses, and other specific details.

Nemo dat quod non habet 

You cannot give what you do not have.

Nisi

Unless

Nobile officium

Noble office or power. The ultimate equitable power of the High Court or Court of Session to give relief where the law has made no provision for the situation.

Non aedificandiA "light and prospect" servitude binding on the servient tenement, preventing him from building or planting on his ground. See also altius non tollendi and non officiendi luminibus.

Non compos mentis 

Not of sound mind and understanding.

Non constat 

It is not certain.

Non est factum

It is not his deed.

Non officiendi luminibusA "light and prospect" servitude binding on the servient tenement, preventing him from raising any buildings or plants on his ground beyond a certain height. See also altius non tollendi and non aedificandi.

Non sequitur 

An inconsistent statement; it does not follow.

Novodamus

We give of new. A type of deed that's use was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. A charter of novodamus was granted by the feudal superior in favour of his vassal where the latter, by loss or otherwise, was unable to produce a good title. Such a charter was often used when the parties agreed to make alterations to the original conditions of the feu.

Ob non solutum canonem 

On the account of unpaid feu duty. The action by which a decree ob non solutum canonem was obtained was called "tinsel" of the feu. The feu was said to be subject to irritancy either legal (statutory) or conventional (express clause). This type of action is not competent since the abolition of feudalism (Abolition of Feudal Tenure etc. (Scotland) Act 2000).

Obiter dictum 

An opinion expressed by a judge in a judgment on a point not essential to the decision of the case.

Omissa

Things omitted from an inventory.

Onus probandi 

Burden of proof.

Orse 

Otherwise

Par delictum 

Equal fault.

Pari passu 

On an equal footing; ranking equally.

Per capita 

According to the heads, or individuals; divided into as many shares as there are persons called to the succession. This is in contrast with per stirpes - according to the family or stocks. Such succession is by right of representation, not according to the number of persons who benefit, but according to the number called to the succession, and through whom the others (e.g. their issue) take their right. Thus, if a testator dies leaving grandchildren by two sons, one of whom had left one child, the other eleven, and he directs his succession to devolve upon his grandchildren per stirpes, it would be divided into two shares being the number of persons from whom the children were descended - one share would go to the one grandchild representing his father, the other share would go equally to the eleven grandchildren representing theirs. But if the succession was directed to be distributed per capita the twelve grandchildren would succeed to the estate equally.

Per incuriam 

Through negligence, mistake or error.

Per procurationemThrough the agency of / on behalf of. Often written as "p.p.". Commonly used to indicate that a document has been signed by one (often un-named) party on behalf of another (named) party. The party signing may have done so using their own name or the name of the party that they have signed on behalf of, e.g. a Company Secretary may have "signed" a letter by writing the company's name on it.

Per quod 

By reason of which.

Per se 

By himself or itself.

Post mortem 

After death.

Praedial

Of or relating to land, or attached to land.

Praedium

Land

Prima facie 

On the face of it.

Prima impressionis 

On first impression.

Primo loco 

In the first place.

Pro bono 

For the good (often used to mean for free, at no cost, etc.).

Pro hac vice 

For this occasion.

Pro indiviso 

In an undivided manner; in common.

Pro non scripto 

As if it had not been written.

Pro rata 

In proportion.

Pro tanto 

So far, to that extent.

Pro tempore 

For the time being.

Publici juris 

Of public right.

Qua 

As in the character of. A widow is said to be decerned executrix to her deceased husband qua relict.

Quaeitur

The question is raised.

Quaere

Consider whether it is correct.

Quantum 

How much; an amount.

Quid pro quo 

Consideration; something for something.

Quoad

As regards.

Quoad sacra 

As regards sacred things, religious duties and observances.

Re

In the matter of.

Reddendo

A form of land transaction under the feudal system abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The reddendo was the duty or service to be paid by the vassal to the superior as provided by a feu charter.

Regalia

Crown rights, some of which (the regalia majora, held by the Crown as guardian of the public interest e.g. rights of navigation over the sea) are inalienable, whilst others (the regalia minora, royal proprietary rights e.g. salmon fishings, foreshore, seabed) can be the subject of a grant.

RelictWidow or widower

Res

Matter, affair, thing, circumstance.

Res Gestae 

The thing done.

Res nullius 

Nobody's property.

Salvo jure cuiuslibet 

Saving or reserving the right of all others.

Sciens

Knowingly

Se defendendo 

In self defense.

Secus

The legal position is different, it is otherwise.

Si petatur tantum 

If asked only. The phrase was used generally in relation to feu or blench duties which were delusory, but which preserved the superior's rights.

Sine die 

Without a fixed date.

Singuli in solidum 

In such an obligation each obligant is singly liable to perform the whole obligation if called upon to do so.

Solum

The ground upon which a building is erected.

Stet

Do not delete; let it stand.

Sub modo 

Within limits.

Sub nomine 

Under the name of.

Sub silentio 

In silence.

Suggestio falsi 

The suggestion of something which is untrue.

Sui generis 

Unique

Suppressio veri

The suppression of the truth.

Talis qualis 

Such as it is.

TinselForfeiture: usually encountered in terms of "tinsel of the feu", incurred for non-payment of feuduty. See 'Ob non solutum canonem' above.

Uberrimae fidei 

Of the utmost good faith.

Ultimus haeres 

Last heir. The Crown succeeds as last heir, both in heritage and in moveables, to every subject dying intestate and without lawful heirs entitled to take up the succession.

Ultra Vires 

Beyond the power.

Verbatim

Word by word; exactly.

Vice versa 

The other way around.

Vide

See

Volens 

Willing


Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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