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Justinian I · The Digest of Justinian §21.2.10.pr

Eviction Liability for Granting Servitude on Common Land

Passage 3091 of 9271 · Latin

Summary

Celsus explains that if a person sells and transfers a right of way on common land as if they were the sole owner, they will be liable to the buyer for eviction if the other co-owners do not consent to the transfer.

[CELSUS libro uicesimo septimo digestorum. ] §21.2.10.prSi quis per fundum quem cum alio communem haberet, quasi solus dominus eius esset, ius eundi agendi mihi uendiderit et cesserit, tenebitur mihi euictionis nomine ceteris non cedentibus.
[CELSUS, Digests, book twenty-seven.] If anyone should sell and transfer to me a right of way and passage through land which he held in common with another, as if he were its sole owner, he will be liable to me on account of eviction if the other co-owners do not consent.

Notes

  1. §21.2.10.prius eundi agendi — Refers to the right of walking (iter) and the right of driving beasts or vehicles (actus), which are the standard rustic servitudes of passage in Roman law.
  2. §21.2.10.prceteris non cedentibus — Ablative absolute. 'ceteris' refers to the other co-owners of the land, and 'cedentibus' (from cedere, meaning to transfer or assent) refers to their agreeing to the creation of the servitude. Since a single co-owner cannot establish a servitude on common land without the assent of the others, if they do not assent, the seller will be liable to the buyer for eviction.

Cite this passage

Justinian I, The Digest of Justinian §21.2.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.10.pr

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