The Institutes of Justinian by Unknown
page 63 of 272 (23%)
page 63 of 272 (23%)
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drawing water, of watering cattle, of pasture, of burning lime,
and of digging sand. 3 These servitudes are called rights attached to estates, because without estates they cannot come into existence; for no one can acquire or own a servitude attached to a town or country estate unless he has an estate for it to be attached to. 4 When a landowner wishes to create any of these rights in favour of his neighbour, the proper mode of creation is agreement followed by stipulation. By testament too one can impose on one's heir an obligation not to raise the height of his house so as to ob- struct his neighbour's ancient lights, or bind him to allow a neighbour to let a beam into his wall, to receive the rain water from a neighbourÂ’s pipe, or allow a neighbour a right of way, of driving cattle or vehicles over his land, or conducting water over it. TITLE IV OF USUFRUCT Usufruct is the right of using and taking the fruits of property not one's own, without impairing the substance of that property; for being a right over a corporeal thing, it is necessarily ex- tinguished itself along with the extinction of the latter. 1 Usu- fruct is thus a right detached from the aggregate of rights involved in ownership, and this separation can be effected in very many ways: for instance, if one man gives another a usufruct by legacy, the legatee has the usufruct, while the heir has merely the bare ownership; and, conversely, if a man gives a legacy of an estate, reserving the usufruct, the usufruct |
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