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The Institutes of Justinian by Unknown
page 62 of 272 (22%)
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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