[ALFENUS UARUS libro quarto digestorum a PAULO epitomatorum. ] §41.1.38.prAttius fundum habebat secundum uiam publicam: ultra uiam flumen erat et ager Lucii Titii: fluit flumen paulatim primum omnium agrum, qui inter uiam et flumen esset, ambedit et uiam sustulit, postea rursus minutatim recessit et alluuione in antiquum locum rediit.
[ALFENUS VARUS, Digest, book 4, epitomized by PAULUS] Attius had a tract of land along the public road; beyond the road was a river and the land of Lucius Titius. The river flowed and gradually, first of all, eroded the land which was between the road and the river, and carried away the road; afterwards, it receded again by degrees and returned to its ancient channel by alluvion.
respondit, cum flumen agrum et uiam publicam sustulisset, eum agrum eius factum esse, qui trans flumen fundum habuisset: postea cum paulatim retro redisset, ademisse ei, cuius factus esset, et addidisse ei, cuius trans uiam esset, quoniam eius fundus proximus flumini esset, id autem, quod publicum fuisset, nemini accessisset.
He answered that when the river had carried away the land and the public road, that land became the property of him who had owned the land beyond the river; afterwards, when it had gradually receded, it took it away from him whose property it had become, and added it to him whose property was beyond the road, since his land was nearest to the river; but that which had been public accrued to no one.
nec tamen impedimento uiam esse ait, quo minus ager, qui trans uiam alluuione relictus est, Attii fieret: nam ipsa quoque uia fundi esset.
Nevertheless, he said that the road was not an impediment to prevent the land, which was left by alluvion beyond the road, from becoming the property of Attius; for the road itself also belonged to the land.