Altius Tollendi is a Latin phrase that translates to “to lift higher” in English. It is often used in the context of weightlifting or physical training to describe the action of lifting a weight or object to a higher position. This phrase can also be used metaphorically to describe the act of striving for improvement or reaching for higher goals.
Altius Tollendi is a legal doctrine that allows a person to remove or abate a nuisance on their property, even if it involves entering another person’s property. The doctrine recognises that a property owner has the right to protect their property from nuisances that interfere with its use and enjoyment.
Under Altius Tollendi, a property owner can take reasonable and necessary actions to abate a nuisance, such as trimming overhanging branches, removing encroachments, or blocking excessive noise or odours. However, the actions taken must be proportionate and not cause unnecessary harm or damage to the neighbouring property.
The doctrine is based on the principle that a property owner has a duty to maintain their property in a way that does not unreasonably interfere with the rights of others. Altius Tollendi provides a legal defence for a property owner who enters another person’s property to abate a nuisance, as long as the actions taken are reasonable and necessary.
It is important to note that Altius Tollendi does not give a property owner unlimited rights to enter another person’s property. The doctrine is subject to certain limitations and restrictions, and the property owner must still act in good faith and within the bounds of the law.
Overall, Altius Tollendi provides a legal framework for property owners to protect their property from nuisances while also balancing the rights and interests of neighbouring property owners.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April 2024.
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