[PAPINIANUS libro septimo quaestionum. ] §10.3.28.prSabinus ait in re communi neminem dominorum iure facere quicquam inuito altero posse.
[PAPINIANUS, Questions, book VII.]\n\nSabinus says that in a common property none of the co-owners can lawfully do anything against the will of the other.
unde manifestum est prohibendi ius esse: in re enim pari potiorem causam esse prohibentis constat.
From this it is manifest that there is a right of prohibition; for it is established that in an equal situation, the position of the one who prohibits is stronger.
sed etsi in communi prohiberi socius a socio ne quid faciat potest, ut tamen factum opus tollat, cogi non potest, si, cum prohibere poterat, hoc praetermisit: et ideo per communi diuidundo actionem damnum sarciri poterit.
But although a partner can be prohibited by a partner in a common property from doing anything, yet he cannot be compelled to demolish the work done if, when he could have prohibited it, he overlooked this; and therefore the damage can be repaired through the action for division of common property.
sin autem facienti consensit, nec pro damno habet actionem quod si quid absente socio ad laesionem eius fecit, tunc etiam tollere cogitur.
If, however, he consented to the one doing it, he does not even have an action for the damage; but if he did something in the absence of his partner to his injury, then he is also compelled to demolish it.