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Heyman, Peter · 1587

which, however, we do not think should be admitted in the case of a usufructuary, a vassal, or an emphyteutic holder one holding a long-term lease of land with the right to improve it.
XLIX.
This useful interdict is given to quasi-possessors of continuous easements, not discontinuous ones; for in those cases, the interdicts concerning a PRIVATE RIGHT OF WAY, DAILY AND SUMMER WATER, CHANNELS, AND A SPRING are given.
L.
Even though almost all other actions are granted to heirs, this Interdict cannot be accommodated to them because of the disturbance made in the possession of the deceased, since the possession of the deceased is one thing and the possession of the successor is another.
LI.
This Interdict is given against anyone disturbing and impeding in any way the peaceful use of one's possession, or quasi-possession, whether he claims to possess himself, or merely causes a disturbance.
LII.
Yet it is given not only against the one who disturbs by an act, but also against one who defames, if possession is hindered by that defamation; otherwise, we say with Bartolus an influential 14th-century jurist that one can be convened for defamation according to the law "Diffamari."
LIII.
This UTI POSSIDETIS interdict is competent chiefly for these ends: that the adversary may cease from the disturbance of peaceful possession; that he may not disturb in the future, and provide security on this account; and that he may restore damages and fruits.
LIIII.
However, this interdict is not given for the disturbance of sewers for a certain reason. Therefore, a special interdict concerning sewers was invented on their behalf.
LV.
The second remedy for Retaining possession is the interdict