[PAULUS libro quadragensimo nono ad edictum. ] §39.3.14.prAntaeus ait, si is qui opus fecerit potentiori uendiderit praedium, quatenus desierit dominus esse, agendum cum eo quod ui aut clam: quod si annus praeterierit, de dolo iudicium dandum.
[PAULUS in the forty-ninth book on the Edict.] Antaeus says that if he who has constructed the work has sold the land to a more powerful person, since he has ceased to be the owner, he must be sued under the interdict concerning force or stealth; but if a year has passed, an action on the ground of fraud must be granted.
§39.3.14.1Cum agitur aquae pluuiae arcendae, de facto quod nocet quaeritur: ideoque si uitio loci pars aliqua soli subsedit, quamuis per eam causam aqua pluuia inferiori noceat, nulla competit actio.
When the action for warding off rainwater is brought, the inquiry is concerning the act that causes harm; and therefore, if some part of the ground has subsided due to a defect of the place, even though for that reason rainwater harms the lower property, no action lies.
idem fortasse dicitur, si in agro manu factum aliquid subsederit.
Perhaps the same is to be said if some man-made structure has subsided on the land.
§39.3.14.2In hoc iudicium, sicut in damni infecti, futurum damnum uenit, cum reliquis fere omnibus iudiciis praeteritum praestetur.
In this action, as in that for threatened damage, future damage is taken into account, whereas in almost all other actions past damage is compensated.
§39.3.14.3De eo, quod ante datum est, quod ui aut clam agendum est. de eo, quod post sententiam iudicis futurum est, damni infecti caueri oportet uel ita opus restituendum est, ut nullum periculum damni supersit.
Concerning that damage which was caused beforehand, one must proceed under the action concerning force or stealth; concerning that which will occur after the judge's decision, security must be given for threatened damage, or the work must be restored in such a way that no danger of damage remains.
§39.3.14.4De eo opere, quod post litem contestatam factum est, nouo iudicio agendum est.
Concerning that work which was constructed after joinder of issue, one must proceed by a new action.