[MARCELLUS libro quarto digestorum. ] §8.6.11.prIs cui uia uel actus debebatur, ut uehiculi certo genere uteretur, alio genere fuerat usus: uideamus ne amiserit seruitutem et alia sit eius condicio, qui amplius oneris quam licuit uexerit, magisque hic plus quam aliud egisse uideatur: sicuti latiore itinere usus esset aut si plura iumenta egerit quam licuit aut aquae admiscuerit aliam.
[MARCELLUS, from the fourth book of the Digests.] A person to whom a right of way or a right to drive a beast was owed under the condition that he should use a certain kind of vehicle, used another kind. Let us consider whether he has not lost the servitude, and whether his situation is not different from that of one who has carried a heavier load than was permitted, and whether this person should not rather be deemed to have done more than what was permitted rather than something different; just as if he had used a wider path, or had driven more beasts than was allowed, or had mixed other water with the water he drew.
ideoque in omnibus istis quaestionibus seruitus quidem non amittitur, non autem conceditur plus quam pactum est in seruitute habere.
Therefore, in all these cases, the servitude itself is indeed not lost, but it is not permitted to have more in the servitude than was agreed upon.
§8.6.11.1Heres, cum legatus esset fundus sub condicione, imposuit ei seruitutes: extinguentur, si legati condicio existat.
An heir, when an estate had been bequeathed under a condition, imposed servitudes upon it; these will be extinguished if the condition of the bequest is fulfilled.
uideamus, an adquisitae sequantur legatarium: et magis dicendum est, ut sequantur.
Let us consider whether servitudes acquired for the estate follow the legatee; and it should rather be said that they do follow.