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Justinian I · The Digest of Justinian §8.2.38.pr

Servitudes Between Buildings Lacking Mutual Visibility

Passage 1406 of 9271 · Latin

Summary

It explains that a servitude cannot be imposed if two buildings are too far apart or separated by a mountain so that they cannot see each other.

[PAULUS libro secundo quaestionum. ] §8.2.38.prSi aedes meae a tuis aedibus tantum distent, ut prospici non possint, aut medius mons earum conspectum auferat, seruitus imponi non potest:
[PAULUS, in the second book of Questions.] If my buildings are so far distant from your buildings that they cannot be seen, or an intervening mountain takes away their view, a servitude cannot be imposed:

Notes

  1. §8.2.38.prmedius mons — The adjective medius modifies the noun mons, meaning "an intervening mountain" or "a mountain situated in between" the two properties.
  2. §8.2.38.prprospici — The present passive infinitive of the verb prospicio (to look forward, view). The subject can be understood as the study of the aforementioned aedes (the buildings), meaning "they cannot be seen," or it can be taken impersonally as "a view cannot be had."

Cite this passage

Justinian I, The Digest of Justinian §8.2.38.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.38.pr

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