[SCAEUOLA libro primo responsorum. ] §8.2.41.prOlympico habitationem et horreum, quod in ea domo erat, quoad uiueret, legauit: iuxta eandem domum hortus et cenaculum, quod Olympico legatum non est, fuerunt: ad hortum autem et cenaculum semper per domum, cuius habitatio relicta erat, aditus fuit: quaesitum est, an Olympicus aditum praestare deberet.
[SCAEVOLA, in the first book of Responses.] He bequeathed to Olympicus, for as long as he lived, a habitation and a warehouse which was in that house; adjacent to the same house were a garden and a dining-room, which were not bequeathed to Olympicus; but access to the garden and dining-room had always been through the house, the habitation of which had been left. It was asked whether Olympicus was obliged to provide access.
respondi seruitutem quidem non esse, sed heredem transire per domum ad ea quae commemorata sunt posse, dum non noceat legatario.
I replied that indeed there was no servitude, but that the heir could pass through the house to the things mentioned, provided that he did not cause harm to the legatee.
§8.2.41.1Lucius Titius aperto pariete domus suae, quatenus stillicidii rigor et tignorum protectus competebat, ianuam in publico aperuit: quaero, cum neque luminibus Publii Maeuii uicini neque itineri uicini officeret neque stillicidium uicini domo cadat, an aliquam actionem Publius Maeuius uicinus ad prohibendum haberet.
Lucius Titius, having opened the wall of his house as far as the line of the drip of rainwater and the projection of the beams extended, opened a gate onto the public street. I ask: since this does not interfere with either the light of his neighbor Publius Maevius or his neighbor's passage, nor does the rainwater fall upon his neighbor's house, does his neighbor Publius Maevius have any action to prevent this?
respondi secundum ea quae proponerentur nullam habere.
I replied that, according to the facts proposed, he has none.