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The Digest of Justinian

§8.3.30.pr

Reservation of Right of Way Around an Excepted Water Source

Alfenus answers that if a seller excepts a water source and ten feet around it from a sale, only a right of way is reserved to the seller, not the ownership of the land.

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[IDEM libro quarto epitomarum Alfeni digestorum.]

[THE SAME, Epitome of Alfenus’ Digests, Book 4]

§8.3.30.pr

​Qui duo praedia habebat, in unius uenditione aquam, quae in fundo nascebatur, et circa eam aquam late decem pedes exceperat: quaesitum est, utrum dominium loci ad eum pertineat an ut per eum locum accedere possit.1 respondit, si ita recepisset:2 'circa eam aquam late pedes decem', iter dumtaxat uideri uenditoris esse.3

​A person who had owned two estates, in the sale of one of them had excepted the water which arose on that estate, and ten feet in width around that water. The question arose whether the ownership of the place belonged to him, or whether it was that he might have access through that place. He replied that if he had made the reservation in this way: ‘ten feet in width around that water’, only a right of way was considered to belong to the seller.

Syntax notes3 items
  1. 8.3.30.pran ut per eum locum accedere possit

    The second alternative of the indirect question. The ut clause expresses the purpose or result of the exception ('in order that he might have access through that place'), implying a servitude of way rather than ownership of the land.

  2. 8.3.30.prrecepisset

    Here, recipere is used in the sense of 'reserving' or retaining a right or part of the property from the sale, corresponding to exceperat in the preceding sentence.

  3. 8.3.30.pruenditoris esse

    Possessive genitive. The subject of the infinitive uideri is iter (right of way), meaning 'only a right of way is considered to belong to the seller.'

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.3.30.pr