[ULPIANUS libro uicensimo nono ad Sabinum. ] §8.2.17.prSi arborem ponat, ut lumini officiat, aeque dicendum erit contra impositam seruitutem eum facere: nam et arbor efficit, quo minus caeli uideri possit.
[ULPIANUS in the twenty-ninth book on Sabinus.] If he should plant a tree so as to obstruct light, it must likewise be said that he acts contrary to the imposed servitude: for a tree also brings it about that less of the sky can be seen.
Si tamen id quod ponitur lumen quidem nihil impediat, solem autem auferat, si quidem eo loci, quo gratum erat eum non esse, potest dici nihil contra seruitutem facere: sin uero heliocamino uel solario, dicendum erit, quia umbram facit in loco, cui sol fuit necessarius, contra seruitutem impositam fieri.
If, however, that which is planted does not block light at all, but takes away the sun, if indeed it is in a place where it was desirable that the sun should not be, it can be said that he does nothing contrary to the servitude: but if indeed it is done to a heliocaminus or a solarium, it must be said that, because he casts a shadow on a place for which the sun was necessary, a violation of the imposed servitude is committed.
§8.2.17.1Per contrarium si deponat aedificium uel arboris ramos, quo facto locus opacus quondam coepit solis esse plenus, non facit contra seruitutem: hanc enim debuit, ne luminibus officiat, nunc non luminibus officit, sed plus aequo lumen facit.
On the contrary, if he should pull down a building or cut down the branches of a tree, whereby a place formerly shady begins to be full of sun, he does not act contrary to the servitude: for he owed this duty, not to obstruct the lights, and now he is not obstructing the lights, but is making more light than is required.
§8.2.17.2Interdum dici potest eum quoque, qui tollit aedificium uel deprimit, luminibus officere: si forte κατὰ ἀντανάκλασιν uel pressura quadam lumen in eas aedes deuoluatur.
Sometimes it can be said that he too, who removes a building or lowers it, obstructs the lights: if by chance, by reflection or by some compression, light was directed down into those buildings.
§8.2.17.3Haec lex traditionis 'stillicidia uti nunc sunt, ut ita sint' hoc significat impositam uicinis necessitatem stillicidiorum excipiendorum: non illud, ut etiam emptor stillicidia suscipiat aedificiorum uicinorum: hoc igitur pollicetur uenditor sibi quidem stillicidiorum seruitutem deberi, se autem nulli debere.
This term of conveyance, "let the drippings be as they now are, so let them be," means that the necessity of receiving the drippings is imposed on the neighbors: not that the buyer also must receive the drippings of the neighboring buildings: therefore, the seller promises this, that the servitude of drippings is owed to himself indeed, but that he owes it to no one.
§8.2.17.4Quae de stillicidio scripta sunt, etiam in ceteris seruitutibus accipienda sunt, si in contrarium nihil nominatim actum est.
What has been written concerning drippings must also be accepted in the case of other servitudes, if nothing to the contrary has been specifically agreed upon.