Also known as:novi operis nuntiatio · NON · novi operis nuntatio
Written by attorneys · grounded in primary & secondary sources — see below
A formal protest or notice against new construction that threatens to impair existing property rights. The notice requires the builder to halt work pending resolution of the claim.
Sources & Authorities· 11 primary sources
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Cases
Uniform Acts
Model Codes
How it applies
Common Examples
6
Neighbor Halts New Fence
Daniel Diaz begins erecting a fence that blocks Dolores Diaz's access path. Dolores serves de novi operis nuntiatione on Daniel. The notice forces Daniel to stop construction until a court determines whether the fence substantially impairs the value of Dolores's remaining rights under their shared easement agreement.
Landlord Ignores Repair Demand
Dover Bank leases space to Delilah Duran. After entry, the landlord begins new structural work that blocks access to common areas. Delilah serves de novi operis nuntiatione demanding a halt. The notice forces the landlord to stop construction until a court resolves whether the work impairs Delilah's leasehold rights.
Put it into practice
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Common Law
Restatements
Dictionaries
Unlawful Act Causes Death
David Dawson begins new excavation work near a public walkway without permits. The activity risks collapse onto a passerby. Neighbors serve de novi operis nuntiatione ordering an immediate stop. The notice halts construction pending judicial review of whether the new work impairs adjoining property rights.
Self-Defense Force Questioned
Demetrius Douglas begins building an addition that encroaches on a neighbor's lot line. The neighbor serves de novi operis nuntiatione demanding cessation. The notice requires Douglas to halt work until a court decides whether the new construction impairs the neighbor's boundary rights.
Impracticable Performance Claim
Dominion Capital begins new site grading that threatens to undermine Doris Duffy's adjacent foundation. Doris serves de novi operis nuntiatione to stop the work. The notice preserves her claim that the construction impairs her property rights and must await judicial resolution.
Landlord Code Violation
Davenport Pharmaceuticals begins new construction on common areas of its residential complex. Tenants serve de novi operis nuntiatione demanding a halt. The notice requires the landlord to stop work until compliance with health and safety codes protecting tenant property interests is confirmed.
Common questions
Frequently Asked
2
What does de novi operis nuntiatione require of the recipient?+
The recipient must halt the new work until the protest is resolved or a court determines that the work does not impair existing rights.
Supporting sources
Is de novi operis nuntiatione still used in modern U.S. courts?+
Modern courts rarely invoke the Latin phrase but recognize equivalent notice requirements in property, landlord-tenant, and nuisance disputes that achieve the same protective purpose.
Supporting sources
Constitutional LawThe separation of powers · The powers of CongressUBEIntermediate