Latin terms have been an integral part of the legal profession for centuries. Even today, many legal concepts and terms are still expressed in Latin. Property law in Florida is no exception, as many legal terms in this field have their roots in Latin. Therefore, it is essential to have a basic understanding of these Latin terms and their meanings to better navigate the legal landscape of property law in Florida. In this article, we will provide an overview of 20 common Latin terms used in Florida property law.
1) Ad Valorem
Ad valorem is a Latin term commonly used in property taxation. It translates to “according to value” and is used to describe a tax system in which the tax amount is based on the assessed value of the property. In Florida, property taxes are primarily ad valorem taxes. The tax rate is determined by the local government and is applied to the assessed value of the property. For example, if a home is assessed at $200,000 and the tax rate is 2%, the property owner would owe $4,000 in ad valorem property taxes. Ad valorem taxes are a significant source of revenue for local governments in Florida and are used to fund services such as schools, police and fire departments, and infrastructure projects.
2) Cuius est solum, eius est usque ad coelum et ad inferos
The Latin maxim “cuius est solum, eius est usque ad coelum et ad inferos” is a fundamental principle of property law that is still recognized in Florida today. It translates to “whose is the soil, his it is up to the sky and down to the depths.” In other words, the owner of a parcel of land has rights that extend to the heavens above and the earth below the land.
This concept was first established in Roman law and carried over into English common law. It was further refined in American property law to establish the concept of airspace ownership. The case of United States v. Causby, 328 U.S. 256 (1946), established that a landowner’s airspace rights extend to the lower altitudes necessary for the reasonable use and enjoyment of the land.
In Florida, this principle is embodied in section 704.01 of the Florida Statutes, which states that “the owner of land owns vertically all that lies beneath the surface and above the surface of the land, including airspace.” This means that a landowner has the exclusive right to use and control the airspace above their property, subject to certain limitations for the safety and well-being of others.
An example of this principle being used in a Florida law text can be found in the case of Fox v. Spencer, 294 So.2d 143 (Fla. 3d DCA 1974). In this case, the plaintiff alleged that the defendant had trespassed on his property by flying a helicopter over his land at a low altitude. The court held that the plaintiff had no cause of action because the defendant had the right to fly over the plaintiff’s property as long as it was at a reasonable altitude and did not interfere with the plaintiff’s use and enjoyment of the land. This decision was based on the principle of cuius est solum, eius est usque ad coelum et ad inferos, which gives the landowner exclusive rights to the airspace above their land
3) Caveat emptor
“Caveat emptor” is a Latin term that means “let the buyer beware.” It is a principle in property law that places the responsibility on the buyer to thoroughly examine and evaluate a property before purchasing it. This principle assumes that the seller is not obligated to disclose any defects or issues with the property unless they are asked specifically.
In Florida, the principle of caveat emptor applies to real estate transactions. Buyers are expected to perform their due diligence before purchasing a property, including conducting inspections, researching property records, and evaluating the condition of the property. If a buyer discovers a defect or issue with the property after the sale, they may have limited legal recourse unless the seller actively concealed the issue or made fraudulent representations.
An example of caveat emptor being used in a Florida law text can be found in the case of Yglesias v. Robaina, 411 So. 2d 937 (Fla. 3d DCA 1982). In this case, the buyer of a property sued the seller for failing to disclose a structural issue with the property. The court ultimately found that the principle of caveat emptor applied, and the buyer was responsible for conducting their own due diligence before purchasing the property
4) Deed
The Latin term “deed” is derived from the word “data” which means “given.” In property law, a deed is a legal document that conveys the ownership of a property from one party to another. It contains a description of the property, identifies the parties involved, and contains any conditions or covenants that may apply to the transfer of ownership. In Florida law, deeds must be in writing, signed by the grantor, and properly witnessed and notarized to be considered valid.
Example: Section 689.01 of the Florida Statutes states that a “deed conveying any interest in real property must be signed by the grantor and attested by two subscribing witnesses who are in the presence of the grantor when he or she signs the deed.”
5) Easement
Easement is a Latin term used in property law that refers to a non-possessory interest in another person’s property that allows the holder of the easement to use the property for a specific purpose. Easements are usually created by express agreement between the parties involved, but they can also be created by necessity or by prescription.
An example of an easement being used in Florida law can be found in Florida Statutes § 704.01, which provides for the creation of easements by prescription. This section states that “an easement may be acquired by prescription when it has been openly, notoriously, and continuously used for 20 years.” This means that if someone has been using a portion of someone else’s property for a specific purpose for 20 years or more, they may be able to claim a legal right to continue using that portion of the property as an easement.
6) Emblements
“Emblements” is a Latin term used in property law that refers to crops or plants that are considered personal property of the cultivator, even if they are grown on land that is owned by someone else. Emblements are considered personal property because they are the result of the labor and efforts of the cultivator.
The term “emblements” is derived from the Latin word “emblema”, which means something that is planted or grafted. In ancient Rome, emblements were considered the personal property of the farmer who planted and harvested them, rather than the property of the landowner.
In Florida property law, emblements are protected by statute, and a tenant or cultivator who is evicted from land before the crops are harvested has a right to re-enter the land to harvest the crops, unless there is a written agreement to the contrary. This protects the cultivator from losing the fruits of their labor in the event of an unexpected eviction or termination of their lease or tenancy.
7) Fee simple
Fee simple is a legal term used in property law that refers to the most extensive and complete form of ownership in real property. In other words, it is absolute ownership of property without any limitations or conditions.
The term “fee” comes from the feudal system in medieval England, where land was granted to vassals by a lord in exchange for certain services or fees. A “fee simple” estate was the highest and most complete form of ownership that could be granted.
In Florida property law, a fee simple estate is often referred to as “fee simple absolute.” It is the most common form of ownership and grants the owner the right to possess, use, sell, lease, or will the property. The owner has complete control over the property and can make any changes or improvements to it.
An example of fee simple ownership in Florida property law would be a homeowner who has purchased a single-family home and owns the land and all improvements on it, with no restrictions or limitations on their ownership.
8) Habendum
Habendum is a Latin term used in property law to refer to the clause in a deed or other legal instrument that defines the extent of the interest or estate being granted. The habendum clause typically begins with the phrase “to have and to hold” and sets forth the duration and nature of the property interest being conveyed.
Example of usage in Florida law:
“Upon the transfer of title, the habendum clause in the deed will identify the duration of the interest being conveyed, such as a fee simple absolute, a life estate, or a term of years.”
(Florida Bar Journal, 2012)
9) Nemo dat quod non habet
“Nemo dat quod non habet” is a Latin legal term which means “no one can give what they do not have”. This principle is applied in property law, where it means that a person who does not own property cannot transfer or convey valid title to that property. In other words, a seller can only transfer the ownership rights they possess.
In Florida, this principle applies to real estate transactions where the seller must have clear title to the property they are selling. The buyer must receive valid title to the property, and any prior claims to the property must be resolved before the sale can be completed. This is typically done through a title search and title insurance.
If a person fraudulently sells or transfers property that they do not have the right to transfer, the buyer may be able to sue the seller for damages. In such cases, the buyer may be able to recover the purchase price of the property as well as any other damages they incurred as a result of the fraudulent transaction.
Overall, the principle of “nemo dat quod non habet” serves to protect the property rights of individuals in Florida and ensures that property transactions are conducted legally and fairly.
10) In Rem
The term “in rem” is derived from the Latin phrase “in rem suam” meaning “against one’s own thing.” In property law, it refers to a legal action or claim made against a particular property rather than against a person. It is a type of legal proceeding that involves a determination of the rights and interests in a particular piece of property.
In Florida, an in rem action can be brought in the state court system to enforce liens or other interests in real property. For example, a mortgage holder may initiate an in rem foreclosure action to take possession of the property in order to satisfy the outstanding debt. In rem proceedings can also be used to quiet title, or to resolve disputes over ownership or other interests in property.
In rem proceedings can be particularly useful in situations where there are multiple claimants or interests in a piece of property, as they provide a way to determine the relative priority of those interests. They can also be useful in cases where the defendant is unknown or cannot be located, as the action can proceed against the property itself rather than against a specific individual.
Overall, the concept of in rem actions is an important part of property law in Florida and is used to determine and enforce the rights and interests in real property.
11) Lis Pendens
Lis pendens is a Latin term that means “a pending lawsuit.” In Florida property law, a lis pendens is a written notice filed with the county clerk’s office to provide notice to the public that a lawsuit has been filed affecting title to a particular piece of property. This notice is recorded in the official records of the county and serves as a warning to potential buyers or lenders that the property may be subject to legal disputes.
A lis pendens can be filed in a variety of cases, including disputes over property ownership, boundary disputes, and foreclosure actions. Once a lis pendens has been filed, any subsequent sale or encumbrance of the property may be subject to the outcome of the pending lawsuit.
Under Florida law, a lis pendens must contain certain information, including the names of the parties involved in the lawsuit, a description of the property at issue, and the nature of the claim being asserted. The lis pendens must also be served on the parties involved in the lawsuit.
In Florida, a lis pendens can remain in effect for up to one year from the date of filing, unless it is extended by court order. A lis pendens can also be removed by court order if the lawsuit is dismissed or the underlying dispute is resolved.
Overall, the purpose of a lis pendens is to provide notice to the public of a pending legal action that may affect title to a particular piece of property, thereby protecting the rights of all parties involved in the dispute.
12) Ab Initio
Ab initio is a Latin term commonly used in legal contexts, including property law. It translates to “from the beginning” or “from the outset” in English. In Florida property law, ab initio refers to situations where an action or legal effect is deemed to have existed or occurred from the very beginning.
For example, if a contract is deemed void ab initio, it means that the contract is considered to have never legally existed. This could happen if the contract was based on fraud, duress, or illegality. When a contract is void ab initio, it is treated as if it never had any legal effect, and the parties are released from their obligations.
In property law, ab initio can also be used to describe the starting point of certain property rights or interests. For instance, if a person acquires property through inheritance, their ownership rights would be considered to begin ab initio at the moment of the decedent’s death.
The term ab initio is important in property law as it helps establish the timeline and legal implications of various actions or events, ensuring clarity and consistency in the legal framework.
13) Inter vivos
“Inter vivos” is a Latin term that is commonly used in Florida property law. It refers to a type of transfer of property ownership that occurs during the life of the owner, as opposed to a transfer that occurs after the owner’s death through a will or other estate planning instrument.
An example of an inter vivos transfer is when a property owner decides to gift their property to a family member or friend while they are still alive. This can be done through a variety of legal mechanisms, including a quitclaim deed, a warranty deed, or a living trust.
Inter vivos transfers are subject to certain legal requirements and considerations, such as the need for consideration (i.e. something of value exchanged for the property), the potential impact on property taxes, and the possibility of the transfer being challenged by other parties.
In Florida, inter vivos transfers are governed by the Florida Uniform Transfer to Minors Act, which sets forth rules and procedures for transferring property to minors. Additionally, the Florida Statutes contain provisions related to inter vivos transfers of property, including requirements for written contracts and the recording of deeds
14) Non Est Factum
Non est factum is a Latin term that means “it is not the deed of the person who signed it.” It is a legal defense used in cases where a party claims that they did not understand the nature of the document they signed, or that they were under duress or fraud when they signed it. The defense is typically used to avoid the enforcement of a contract or other legal document.
In Florida property law, the defense of non est factum may be used in cases where a party signed a deed or other legal document related to the transfer of property, but claims that they did not fully understand the nature of the transaction or were coerced into signing. For example, if a person is elderly and vulnerable and is pressured into signing over their property to another party, they may be able to use the defense of non est factum to avoid the transfer. However, the burden of proof is on the party making the claim, and they must provide evidence that they did not fully understand the nature of the transaction or were under duress when they signed the document
Ingress and egress: These terms mean “entering” and “leaving,” respectively. In property law, they refer to the right to enter and exit a piece of property.
Littoral rights: This term comes from the Latin word “littoralis,” which means “shore.” Littoral rights refer to the rights of property owners whose land borders a body of water, such as a lake or ocean.
15) Per stirpes
“Per stirpes” is a Latin term commonly used in property law to describe the distribution of an estate or property among heirs. It means “by roots” or “by representation.” In the context of property law, it refers to the way property is distributed when a beneficiary dies before the property owner.
For example, if a property owner leaves their estate to their three children “per stirpes,” and one of the children dies before the owner, that child’s share of the estate would pass to their children, rather than being divided among the surviving siblings. This ensures that each branch of the family is treated equally in the distribution of the estate.
In Florida law, “per stirpes” is often used in wills and trusts to clarify how the property should be distributed among the beneficiaries. It is an important concept in estate planning and helps to ensure that a person’s property is distributed according to their wishes, even in the event of unexpected circumstances.
16) Prima Facie
Prima facie is a Latin term that means “at first sight” or “on its face”. In legal terms, it refers to evidence that is sufficient to establish a fact or raise a presumption of fact, unless it is rebutted or disproven. Essentially, prima facie evidence is evidence that, if accepted as true, is sufficient to prove a claim. It is often used in civil litigation, criminal cases, and administrative proceedings.
An example of prima facie evidence in Florida property law is in eviction proceedings. Under Florida law, a landlord must provide prima facie evidence to support a claim for eviction. This means that the landlord must present evidence that, if taken as true, is sufficient to prove that the tenant has breached the lease agreement and warrants eviction. The tenant can then rebut or disprove this evidence if they have a defense to the eviction.
17) Res Judicata
Res judicata is a Latin term used in legal systems to describe the concept of “res judicata” or “claim preclusion.” It refers to a principle of law that once a matter has been decided by a competent court, it cannot be retried by the same parties. In other words, the matter is “res judicata” or “already decided.” This principle is based on the idea that there must be finality and certainty in legal proceedings, and that parties should not be subjected to multiple lawsuits on the same issue.
In Florida property law, the principle of rea judicata can apply in a variety of contexts. For example, if a dispute arises between two parties over the ownership of a piece of property and a court issues a final judgment on the matter, that judgment will be binding on the parties and preclude any further litigation on the same issue. Similarly, if a party brings a claim against another party related to a property transaction and that claim is dismissed by a court, the dismissal will generally be final and prevent the same party from bringing the same claim again in the future.
Res judicata is an important legal concept in property law, as it helps to ensure that disputes are resolved efficiently and with finality. It is designed to prevent parties from engaging in endless litigation over the same issues, which can be both costly and time-consuming. By promoting finality and certainty in legal proceedings, rea judicata helps to promote the stability and predictability of the Florida property market.
18) Ultra Vires
“Ultra vires” is a Latin term used in Florida property law, which means “beyond the powers.” In the context of property law, it refers to an act or transaction that is beyond the legal authority of a party to execute or perform.
For example, if a corporation is formed for the purpose of holding and managing real estate, it would be ultra vires for the corporation to engage in activities such as manufacturing or retail sales. Any actions taken by the corporation outside of its stated purpose would be considered ultra vires and could be challenged in court.
In Florida, the concept of ultra vires is used to ensure that parties do not exceed their legal authority in property transactions. It also serves to protect shareholders and other stakeholders from being adversely affected by unauthorized actions taken by a corporation or other entity.
19) Usufruct
Usufruct is a Latin term commonly used in property law in Florida, and refers to the legal right to use and enjoy someone else’s property for a certain period of time, without necessarily owning the property itself. The person with the right to use the property is known as the usufructuary, while the owner of the property is known as the naked owner.
This concept is often used in estate planning, where a person may grant a usufruct to a family member or friend for a certain period of time, allowing them to use and enjoy a property during their lifetime. The naked owner retains ownership of the property, but the usufructuary has the right to use and enjoy the property, and may even be able to earn income from it.
Usufruct can also be used in commercial settings, such as when a company leases a building from an owner for a certain period of time. During the lease, the company has the right to use and enjoy the building, but does not own it outright.
In Florida property law, the concept of usufruct is governed by statutory law and case law. There are certain requirements that must be met in order for a usufruct to be valid, including that it must be for a certain period of time and that it must be granted with the intent to transfer the right to use and enjoy the property.
Overall, usufruct is an important concept in Florida property law, and can be a useful tool in estate planning and commercial transactions.
20) De minimis non curat lex
“De minimis non curat lex” is a Latin legal doctrine that translates to “the law does not concern itself with trifles.” This doctrine recognizes that some minor violations of the law are so insignificant that they are not worth pursuing.
In the context of property law, this doctrine can apply to minor encroachments, or slight deviations from property lines or zoning regulations. For example, if a neighbor’s fence encroaches a few inches onto another’s property, it may not be worth pursuing legal action to remove the fence. Similarly, if a property owner inadvertently plants a tree that violates a zoning ordinance, but the tree is not causing harm or disrupting the community, it may not be worth pursuing legal action.
This doctrine is often used to prevent the courts from being bogged down with minor legal disputes that would be better resolved through negotiation or compromise. However, it is important to note that this doctrine does not apply to all violations of the law, and serious violations should still be pursued through legal action.