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The Digest of Justinian

§8.2.38.pr

Servitudes Between Buildings Lacking Mutual Visibility

It explains that a servitude cannot be imposed if two buildings are too far apart or separated by a mountain so that they cannot see each other.

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[PAULUS libro secundo quaestionum.]

[PAULUS, in the second book of Questions.]

§8.2.38.pr

​Si aedes meae a tuis aedibus tantum distent, ut prospici1 non possint, aut medius mons2 earum conspectum auferat, seruitus imponi non potest:

​If my buildings are so far distant from your buildings that they cannot be seen, or an intervening mountain takes away their view, a servitude cannot be imposed:

Syntax notes2 items
  1. 8.2.38.prprospici

    The present passive infinitive of the verb prospicio (to look forward, view). The subject can be understood as the aforementioned aedes (the buildings), meaning "they cannot be seen," or it can be taken impersonally as "a view cannot be had."

  2. 8.2.38.prmedius mons

    The adjective medius modifies the noun mons, meaning "an intervening mountain" or "a mountain situated in between" the two properties.

Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
  • 2026-09-21 AI review — note 1
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.38.pr