- Jus tertii
"Jus tertii" (
Latin , “third party rights”) is the legal classification for an argument made by a third party (as opposed to the legaltitle holder) which attempts to justify entitlement to possessory rights based on the showing of legal title in another person. By showing legitimate title in another person, "jus tertii" arguments imply that the present possessor’s interest is illegitimate or that the present possessor is athief .Under
United States law , "jus tertii" arguments are generally insufficient to support actions forreplevin because they fail to show that possession is more legitimate in the third party than in the present possessor. [See Gissel v. State, 727 P.2d 1153 (Idaho 1986)] However, a bailee or other legalagent of the owner may successfully assert the argument.Hypothetical example
Art brings an action for replevin against Burt, seeking to recover a
bicycle . In support for the action, Art presents evidence that Cathy is in fact the true owner of the bicycle in question, not Burt. A US court would reject Art’s "jus tertii" argument for replevin because he has failed to show that he has a more legitimate interest in the bike than does Burt.Case law example
In Gissel v. State, 727 P.2d 1153 (Idaho 1986), Gissel unlawfully harvested wild rice growing on land jointly owned by the state of Idaho and the
National Forest Service . An Idaho Court convicted Gissel oftrespass , and Idaho officials seized and sold the rice at auction. Because Idaho had only one half interest in the land, Gissel challenged the state’s authority to seize, sell, and keep the profits from all of the rice. TheIdaho Supreme Court held that Gissel was entitled to half of the profits because Idaho was make the "jus tertii" argument on behalf of the federal government, “the Gissels, though trespassers and without legal title, which title rests with the Forest Service, still by mere possession have greater rights superior to that of the state.”References
External links
*cite web|url=http://www.enotes.com/wests-law-encyclopedia/jus-tertii|title=West's Encyclopedia of American Law
*cite web|url=http://www.rogerbernhardt.com/assets/RB%20Publication%20Intros/Intro_Property1&2.pdf|title=West's "Property: Cases and Statutes" Professor Roger Bernhardt'sProperty Law Textbook
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