Jus tertii

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Jus tertii means 'the right of a third party'. It is a defence available in property law, and it means that a plaintiff cannot bring an action against a defendant if there is a third-party which has better rights to the property then him. Only that third-party can bring an action.

  • This defence has been pleaded in relation to both personal property and possession of land.
    • There is some confusion as to when one can plead jus tertii in regards to personal property, because it failed in the cases studied.
    • Maybe this is because of the principle that jus tertii will not aid a wrongdoer - ie, a trespasser or a person who converts property cannot rely on jus tertii to bar a claim.
  • In regards to possession of land, it appears that the theory of relativity of titles and the judgment in Perry v Clissold have abolished the use of jus tertii' as a defence.
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