Humanitext Reader

Justinian I · The Digest of Justinian §43.27.2.pr

Action for Removal of a Tree Leaning from Wind

Passage 7174 of 9271 · Latin

Summary

Pomponius explains that if a tree leans from a neighbor's land into one's own due to the wind, an action can be rightfully brought under the Law of the Twelve Tables for its removal, asserting that the neighbor has no right to keep the tree in such a manner.

[POMPONIUS libro trigensimo quarto ad Sabinum. ] §43.27.2.prSi arbor ex uicini fundo uento inclinata in tuum fundum sit, ex lege duodecim tabularum de adimenda ea recte agere potes ius ei non esse ita arborem habere.
[POMPONIUS, On Sabinus, book thirty-four.] If a tree, blown by the wind from a neighbor's field, leans into your field, you can rightfully bring an action under the Law of the Twelve Tables concerning its removal, to the effect that he has no right to keep the tree in this way.

Notes

  1. §43.27.2.prde adimenda ea — A gerundive construction in the ablative case governed by the preposition de. The gerundive adimenda agrees in gender, number, and case (feminine singular ablative) with the pronoun ea (referring to arbor), functioning equivalently to a gerund with a direct object ("concerning the removal of it").
  2. §43.27.2.prius ei non esse ita arborem habere — An accusative and infinitive clause (indirect speech) dependent on agere potes (you can bring an action), indicating the substance of the plaintiff's claim (the intentio of the formula). ei is a dative of possession ("he has not"), and the infinitive habere specifies the content of the ius (right), meaning "that he has no right to keep the tree in this way."

Cite this passage

Justinian I, The Digest of Justinian §43.27.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.27.2.pr

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