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Justinian I · The Digest of Justinian §41.1.8.pr-41.1.8.1

Ownership of Boundary Trees and Excavated Stones

Passage 6638 of 9271 · Latin

Summary

This chunk specifies that the co-ownership ratio of a tree on a boundary depends on the extent of its roots in each estate, and that a stone found on the boundary of undivided common estates becomes undivided common property when excavated.

[MARCIANUS libro tertio institutionum. ] §41.1.8.prpro regione cuiusque praedii.
[MARCIANUS, Institutes, book 3] in proportion to the extent of each estate.
§41.1.8.1Sed et si in confinio lapis nascatur et sunt pro indiuiso communia praedia, tunc erit lapis pro indiuiso communis, si terra exemptus sit.
But also, if a stone is formed on the boundary, and the estates are held in common undivided, then the stone, if it is excavated from the earth, will be common undivided.

Notes

  1. 41.1.8.prpro regione cuiusque praedii — This phrase is a supplementary fragment directly connected to 'communis est' (it is common) at the end of the previous section (§41.1.7.13). The preposition 'pro' indicates proportion, meaning that the co-ownership share is determined according to the extent ('regio') of the roots extending into each estate.
  2. 41.1.8.1sunt pro indiuiso communia praedia — 'pro indiviso' (undivided) indicates the legal nature of the co-ownership, referring to a situation where multiple estates, including the boundary, are held in common without being physically divided.

Cite this passage

Justinian I, The Digest of Justinian §41.1.8.pr-41.1.8.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.8.pr-41.1.8.1

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