The Institutes of Justinian by Unknown
page 62 of 272 (22%)
page 62 of 272 (22%)
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obligation, are incorporeal. 3 So too the rights appurtenant to
land, whether in town or country, which are usually called servitudes, are incorporeal things. TITLE III OF SERVITUDES The following are rights appurtenant to country estates: iter, the right of passage at will for a man only, not of driving beast or vehicles; actus, the right of driving beasts or vehicles (of which two the latter contains the former, though the former does not contain the latter, so that a man who has iter has not necessarily actus, while if he has actus he has also iter, and consequently can pass himself even though unaccompanied by cattle); via, which is the right of going, of driving any thing whatsoever, and of walking, and which thus contains both iter and actus; and fourthly, aquaeductus, the right of conducting water over another man's land. 1 Servitudes appurtenant to town estates are rights which are attached to buildings; and they are said to appertain to town estates because all buildings are called `town estates,' even though they are actually in the country. The following are servitudes of this kind -- the obligation of a man to support the weight of his neighbour's house, to allow a beam to be let into his wall, or to receive the rain from his neighbour's roof on to his own either in drops or from a shoot, or from a gutter into his yard; the converse right of exemption from any of these obligations; and the right of preventing a neighbour from raising his buildings, lest thereby one's ancient lights be obstructed. 2 Some think that among servitudes appurtenant to country estates ought properly to be reckoned the rights of |
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