[ULPIANUS libro octogensimo primo ad edictum. ] §39.2.26.prProculus ait, cum quis iure quid in suo faceret, quamuis promississet damni infecti uicino, non tamen eum teneri ea stipulatione: ueluti si iuxta mea aedificia habeas aedificia eaque iure tuo altius tollas, aut si in uicino tuo agro cuniculo uel fossa aquam meam auoces: quamuis enim et hic aquam mihi abducas et illic luminibus officias, tamen ex ea stipulatione actionem mihi non competere, scilicet quia non debeat uideri is damnum facere, qui eo ueluti lucro, quo adhuc utebatur, prohibetur, multumque interesse, utrum damnum quis faciat, an lucro, quod adhuc faciebat, uti prohibeatur.
[ULPIANUS in the eighty-first book on the Edict.] Proculus says that when anyone does something lawfully on his own property, although he has promised for threatened damage to his neighbor, he is nevertheless not bound by that stipulation: as for instance, if you have buildings next to my buildings and you raise them higher in your own right, or if on your neighboring land you divert my water by a channel or a ditch: for although in the latter case you draw away water from me and in the former you obstruct my light, yet an action does not lie for me on that stipulation, namely because he ought not to be deemed to cause damage who is barred from what may be called a benefit which he has hitherto enjoyed, and there is a great difference between someone causing damage and being barred from enjoying a benefit which he has hitherto made.
mihi uidetur uera esse Proculi sententia.
The opinion of Proculus seems to me to be correct.