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 effectum	Literally "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
Egress	Way out
Eo ipso	By the thing itself.
Ex adverso	Opposite to.
Ex capite inhibitionis	On 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 disposition	An 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 relictae	The right of the widow
Jus relicti	The 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 domicilii	The law of the domicile, i.e. the law of the place where the person is considered to have his permanent home.
Lex loci actus	The 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 aedificandi	A "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 luminibus	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 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 procurationem	Through 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.
Relict	Widow 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.
Tinsel	Forfeiture: 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