Extracted from Books 7 and 8 of the Digest.

25. Today, all Servitudes: Legal rights or easements that allow one property to benefit from another, such as a right of way. are acquired through long-term use. Law 10, "If a servitude is claimed"; Single Law of the Code, "On the transformation of usucapio: The legal process by which one acquires ownership or a right through continuous possession over a long period."; Schifordegher, Book 1, Treatise 5; Guibert, Costan, Question 18; Charondas, 1. Likelihoods, 5, number 3; N. à Salis, in the Refinements to the Digest, Book 8, folio 28; Marcus Lyclama, 1. Selected Members, 6; Andreas Gerhard, Disputation 5, Thesis 3. Whether they are continuous in practice, or discontinuous. Fachina, 8. Controversies, chapter 22; Bronchorst, 1. original: ἐναντ. (enantiophanon) Conflicting Laws, 92; Master Preceptor Harpprecht at the final section, number 6, etc., of the Institutes on Servitudes. In the matter of acquiring a servitude, we do not believe that a formal legal Title is strictly necessary This suggests that long-term use alone can establish the right, even without an original written deed.. Arumaeus, Disputation on the Principal Laws, 9, Thesis 21; Schifordegher, 1. Treatise 6; Bronchorst, 1. Conflicting Laws, 93; Andreas Gerhard, Disputation 5, Thesis 4. But see, however, Master Preceptor Harpprecht at the final section, number 15, of the Institutes on Servitudes.

26. The "right of raising a building higher" original: "Jus altius tollendi" is sometimes a Servitude. Law 2, on urban land servitudes; Law 2, on rural land servitudes; Bronchorst, 1. Conflicting Laws, 99; Lyclama, 7. Members, 28. See Vultejus, Discussions, chapter 5. The right "that one may not raise their house higher," and the right "that one may not obstruct the lights" of another, are distinct Servitudes. Laws 4, 6, 15, and 17, section 2, on urban land servitudes; Duarenus, 1. Disputation 6, 33; and at Laws 12 and 15, on urban land servitudes; Charondas, 1. Likelihoods, chapter 5, number 5; Schickart, Disputation 5, Thesis 7, in the resolution of the question; Andreas Gerhard, Disputations on the Institutes, 5, Thesis 2; Differing is Bronchorst, 2. Conflicting Laws, 10 original: φανῶν (phanon) Manifestations, 5. Between "Servitudes of Light" Usually meaning the right to have a window for light. and the right "that lights not be obstructed," there appears to be a clear difference. Timaeus Faber, Disputation 15, Thesis 7; Philipp Hoenon, Disputations on the Institutes, 5, Thesis 6; Schickart, Disputation 5, Thesis 7 at the end; Andreas Gerhard, in the said Disputation 5, Thesis 2.

27. If someone does not have a "servitude of projection" The right to have a part of one’s building—like a balcony or eaves—overhang a neighbor's land., they cannot pour water onto another's property. Capolla, Treatise on Urban Land Servitudes, chapter 31, number 4, etc. Likewise, as a general rule, no one can install a window in their own wall from which to look out onto another’s property without a legal right of servitude. See Master Preceptor Harpprecht at section 1, number 39 and following, of the Institutes on Servitudes; Andreas Gerhard, Disputations on the Institutes, 5, Thesis 1; Valentinus Riemer, Half-Century of Legal Questions, Decade 4, Thesis 8.

28. The right to drive original: "Actus," the right to drive cattle or vehicles through a neighbor's land. can exist without the servitude of a footpath original: "Iter," a simple right of passage for people on foot.. In a full right of way original: "Via," the most comprehensive right of passage., there is something more than in the other two servitudes combined. See Ludovicus Charondas, 1. Likelihoods, 5, number 2; Antonius Faber, 1. Conjectures, 20; Gaspar Schifordegher, Book 2, Treatise 20; Antonius Matthaeus on the title of the Institutes on Servitudes, from the beginning; Theodorus Marcilius at the beginning of the Institutes on Servitudes; Marcus Lycla-