[IDEM libro uicensimo primo ad edictum. ] §8.3.7.prQui sella aut lectica uehitur, ire, non agere dicitur: iumentum uero ducere non potest, qui iter tantum habet.
[BY THE SAME AUTHOR, On the Edict, Book 21] He who is carried in a chair or a litter is said to go (ire), not to drive (agere). But he who has only a right of way (iter) cannot lead a beast of burden.
qui actum habet, et plostrum ducere et iumenta agere potest.
He who has a right of driving (actus) can both draw a wagon and drive beasts of burden.
sed trahendi lapidem aut tignum neutri eorum ius est: quidam nec hastam rectam ei ferre licere, quia neque eundi neque agendi gratia id faceret et possent fructus eo modo laedi.
But neither of them has the right of dragging stone or timber. Some hold that he is not even allowed to carry a spear upright, because he would do this neither for the sake of going nor of driving, and the fruits might be damaged in that manner.
qui uiam habent, eundi agendique ius habent: plerique et trahendi quoque et rectam hastam referendi, si modo fructus non laedat.
Those who have a highway (uia) have the right of going and driving; most hold that they also have the right of dragging and of carrying an upright spear, provided only that it does not damage the fruits.
§8.3.7.1In rusticis autem praediis impedit seruitutem medium praedium, quod non seruit.
In the case of rustic estates, however, an intervening estate which is not subject to the servitude prevents the servitude.