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The Digest of Justinian

§8.2.7.pr

Usucapio Libertatis by Buildings Versus Trees

Citing Mucius, the text explains that while one can acquire freedom from a servitude by means of a building, the same does not apply to a tree due to its natural motion, which prevents it from remaining stationary like a wall.

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[POMPONIUS libro uicensimo sexto ad Quintum Mucium.]

[POMPONIUS in the twenty-sixth book on Quintus Mucius.]

§8.2.7.pr

​Quod autem aedificio meo me posse consequi, ut libertatem usucaperem, dicitur,1 idem me non consecuturum,2 si arborem eodem loco sitam habuissem, Mucius ait, et recte, quia non ita in suo statu et loco maneret arbor quemadmodum paries, propter motum naturalem arboris.

​However, as to the statement that I can achieve, by means of my building, the acquisition of freedom by usucapion, Mucius says that I would not achieve the same if I had kept a tree situated in the same place; and this is correct, because a tree, owing to its natural motion, would not remain in its state and place in the same manner as a wall.

Syntax notes2 items
  1. 8.2.7.prQuod ... dicitur

    The relative pronoun quod introduces a clause (either as the subject of the impersonal dicitur or as a transitional connection "as to the fact that...") which presents a contrastive premise to idem in the main clause.

  2. 8.2.7.pridem me non consecuturum

    An accusative with infinitive construction (indirect speech) governed by Mucius ait, with the auxiliary esse omitted in the future infinitive consecuturum [esse]. idem (the same thing, i.e., libertatem usucapere) functions as the object of consecuturum.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.7.pr