Humanitext Reader

Justinian I · The Digest of Justinian §8.2.27.pr-8.2.27.1

Actions for Unlawful Projections and Veto on Co-Owned Land

Passage 1395 of 9271 · Latin

Summary

Pomponius explains the availability of an action when an unlawful projection occurs between common and solely owned properties, and states that a co-owner can veto any building on a common plot despite permission from neighbors.

[POMPONIUS libro trigensimo tertio ad Sabinum. ] §8.2.27.prSed si inter te et me communes sunt Titianae aedes et ex his aliquid non iure in alias aedes meas proprias immissum sit, nempe tecum mihi agere licet aut rem perdere.
[POMPOMIUS, in the thirty-third book on Sabinus.] But if the Titian house is common between you and me, and something from it has been unlawfully projected into another house of mine which is my sole property, surely I am permitted to bring an action against you, or else lose the thing.
idem fiet, si ex tuis propriis aedibus in communes meas et tuas aedes quid similiter esset proiectum: mihi enim soli tecum est actio.
The same will happen if something has likewise been projected from your own house into the house common to me and you; for I alone have an action against you.
§8.2.27.1Si in area communi aedificare uelis, socius prohibendi ius habet, quamuis tu aedificandi ius habeas a uicino concessum, quia inuito socio in iure communi non habeas ius aedificandi.
If you should wish to build on a common plot of land, your co-owner has the right of prohibition, although you may have a right of building granted by a neighbor, because against the will of your co-owner you do not have the right of building on common property.

Notes

  1. §8.2.27.prrem perdere — An expression referring to the alternative of either bringing an action to remedy the situation or, by inaction, suffering the loss of the value or right of one's property.
  2. §8.2.27.presset proiectum — The subjunctive pluperfect is used in the conditional clause corresponding to the future indicative (fiet) in the main clause, representing a past hypothesis or serving as a virtual imperfect subjunctive in post-classical usage.
  3. §8.2.27.1inuito socio — An ablative absolute construction consisting of a noun and an adjective ("with the co-owner being unwilling" or "against the will of the co-owner"), carrying a conditional or concessive force.

Cite this passage

Justinian I, The Digest of Justinian §8.2.27.pr-8.2.27.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.27.pr-8.2.27.1

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