Select Questions from Books 7 and 8 of the Digest

Marcus Lyclama, 3rd Member, Eclogue 12; and most recently Martin Schickard, Disputation on the Institutes 5, original: θ. (thesis) Thesis 4 and following. The drawing of water and the driving of livestock to water are Rural Predial Servitudes: Legal rights or easements that allow one property to benefit from another. Law 1, paragraph 1, on rural predial servitudes; see the Law of Mela, the final paragraph, on the legacy of food and provisions; Donellus, Book 11 of the Commentaries, chapter 7; Marcilius on the Principles of the Institutes regarding Servitudes; Lyclama, 6th Member, Eclogue 11; Antonius Matthaeus on the section "among those of the rustics," in the title of the Institutes on this subject.

29. It does not matter which party has the choice of defining where a servitude is placed on the estate, provided that if the Heir: The person who inherits the estate and the obligation of the servitude. chooses, it is done without trickery against the Legatee: The person granted the right of the servitude in a will.. But if the legatee chooses, they must do so in a civil manner and without damage to the servient estate: The piece of land that is burdened by the servitude or easement.. Law 9, on Servitudes; Law 26, on rural predial servitudes; Charondas, 1. Likelihoods, 5, number 1; see Master Preceptor Harpprecht at the principle of the Institutes on servitudes, number 38, etc.

30. Even if there are buildings on a country estate (villa: A country house or farmstead.), Urban Servitudes: Rights typically associated with buildings, such as the right to a view or a shared wall, regardless of whether the building is in the city or country. can equally be established; for estates are to be distinguished by their quality rather than their location. Law 198, where Gædde [comments], on the Meaning of Words; Master Preceptor Harpprecht at section 1, number 2, etc., of the Institutes on Servitudes; Marcus Lyclama, 2nd Member, 8; Antonius Matthaeus, Disputation on the Digest 7, original: θ. (thesis) Thesis 21, and at the section on estates in the Institutes on Servitudes; Hackelman, Illustrations 7, original: θ. (thesis) Thesis 14; Bronchorst, 1. original: εναντ. (enantiophanon) meaning 'Conflicting Laws' 95; see Vultejus at the principle of the Institutes on servitudes, and Marcilius at the section on estates in the same title.

31. Rural predial servitudes are lost by non-use alone; however, urban servitudes are lost by the usucapion of freedom: A legal process where a property owner regains full rights over their land if they block a servitude and the neighbor fails to object within a certain time.. In the former, the mere cessation of use by the one to whom the servitude is owed is enough; in the latter, however, an action by the one who owes the servitude is required This means a neighbor must actually build something that blocks your right (like a wall blocking a window) for you to lose an urban servitude, whereas you can lose a rural right-of-way simply by not walking the path.. Law 4, the section "if a way"; Law 7; Law 19, the section "if through a field," on how servitudes are lost; Law 6, on urban predial servitudes.