RES MERAE FACULTATIS
res merae facultatis (rays meer-ee fak-[schwa]l-tay-tis). [Law Latin] Scots law. A matter of mere power.¡°Res merae facultatis …. Such, for example, is the right which a proprietor has of building upon his own property, or which any one has of walking upon the seashore, or sailing upon the sea, or on any navigable river. It is a right which may or may not be exercised at the pleasure of him who holds it; and such rights are never lost by their non-exercise for any length of time, because it is of their essential character that they may be used or exercised at any time.¡± John Trayner, Trayner’s Latin Maxims 554 (4th ed. 1894).
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