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The Digest of Justinian

§8.3.28.pr

Bequest of Way to Co-Owners and Route Agreement

Explains that if a right of way to an estate owned in common by two persons is bequeathed, the servitude is neither acquired nor lost unless both co-owners agree on its route.

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[IDEM libro trigensimo quarto digestorum.]

[THE SAME, Digests, Book 34]

§8.3.28.pr

​Itinere ad praedium commune duorum legato1 nisi uterque de loco itineris consentiat, seruitus neque adquiritur neque deperit.2

​If a right of way to an estate common to two is bequeathed, the servitude is neither acquired nor lost unless both agree on the location of the way.

Syntax notes2 items
  1. 8.3.28.prItinere ... legato

    An ablative absolute construction composed of the noun itinere (ablative singular of iter, "right of way") and the perfect passive participle legato (from legare), functioning as a conditional clause ("If a right of way ... is bequeathed").

  2. 8.3.28.prneque adquiritur neque deperit

    A correlative negative construction with neque... neque... ("neither... nor...") governing the passive verb adquiritur ("is acquired") and the active verb deperit ("perishes" / "is lost") with seruitus as the common subject.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.3.28.pr