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The Digest of Justinian

§8.5.14.pr-8.5.14.1

Blocking New Beams and Actions for Leaning Common Walls

Pomponius explains that even if one has previously permitted another to insert beams, they can block new insertions, and that an action can be brought if a common wall leans toward one's house due to the other party's work.

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[POMPONIUS libro trigensimo tertio ad Sabinum.]

[POMPONIUS, book 33 on Sabinus.]

§8.5.14.pr

​Si, cum meus proprius esset paries, passus sim1 te immittere tigna quae antea habueris: si noua uelis immittere, prohiberi a me potes: immo etiam agere tecum potero, ut ea, quae noua immiseris, tollas.

​If, when the wall was my own property, I permitted you to insert the beams which you previously had: if you should wish to insert new ones, you can be prohibited by me; nay, I shall even be able to bring an action against you, so that you may remove those which you have newly inserted.

§8.5.14.1

​Si paries communis opere abs te facto2 in aedes meas se inclinauerit, potero tecum agere ius tibi non esse3 parietem illum ita habere.

​If a common wall, due to work done by you, should lean toward my house, I shall be able to bring an action against you to the effect that you have no right to have that wall in such a condition.

Syntax notes3 items
  1. 8.5.14.prpassus sim

    Subjunctive perfect in the protasis si ... passus sim, expressing a concession regarding a past fact ("even if I permitted"). The apodosis is in the indicative present potes.

  2. 8.5.14.1opere abs te facto

    An ablative absolute construction consisting of the noun opus and the participle factum, expressing the cause of the leaning ("due to work done by you").

  3. 8.5.14.1ius tibi non esse

    An accusative with infinitive clause with the infinitive habere, describing the content of the claim ("that you have no right...") dependent on the verb agere (to bring an action).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.5.14.pr-8.5.14.1