The Twelve Tables by Anonymous
page 26 of 34 (76%)
page 26 of 34 (76%)
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previous possession (_usus_) is considered as cancelled.
[30] Apparently _tignum_, as "timber" in English covers material for construction, includes every kind of material used in buildings and in vine-yards. [31] This strip is reserved as a path between any two estates belonging to different owners. Both owners can walk on the whole space, but neither owner can claim possession of the strip through continued usage. [32] In view of the ancient tradition that the decemvirs sent to Athens a committee to study the laws written by Solon (c. 639 B.C.--c. 559 B.C.) for the Athenians (Livy, _op. cit_., III. 33. 5), it may not be out of place to record what Gaius (_ob. c_. 180 A.D.) reports about marking boundaries (_Digesta_, X. 1. 13): "We must remember in an action for marking boundaries (_actio finium regundorum_) that we must not overlook that old provision which was written in a manner after the pattern of the law which at Athens Solon is said to have given. For there it is thus: 'If any man erect a rough wall alongside another man's estate, he must not overstep the boundary; if he build a massive wall, he must leave one foot to spare; a building, two feet; if he dig a trench or a hole, he must leave a space equal or about equal in breadth to depth: if a well, six feet; an olive tree or a fig tree he must plant nine feet from the other man's property and any other trees five feet.'" While there is no evidence whatever that any enactment of the Twelve Tables reproduced in any form the terms of the Athenian statute here quoted, still the Twelve Tables may have contained some such |
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