This is an extract of our Servitudes document, which we sell as part of our Roman Law Notes collection written by the top tier of Oxford students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Roman Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Supervision 5 Servitudes General Principles:
- No servitude over your own property
- Servitudes cannot be possessed
- Servitudes must be beneficial/have economic purpose
- Must be exercised reasonably
- Servitudes cannot impose active duties
Praedial Servitudes Rights that a person had by virtue of land ownership (the dominant tenement) and the land of another (the servient tenement). Praedial servitudes cannot be limited by time; 2 pieces of land do not have to be consecutive. Servitudes are rights in rem. Had to be beneficial to the dominant e.g. cannot quarry another's stone to sell/use elsewhere. Rustic praedial servitudes - are res mancipi e.g. P (dominant) has a right of way over the land of J (servient). iter - walking; riding on horseback actus - walk and drive beast of burden; drive a vehicle via - drive; walk; drag timber or stones; certain width of path aqua ductus - conducting water through another's land Who owns the channelling water during aqueductus?
Prevailing view is that it is res communes.
Urban praedial servitudes - person must support an adjoining house; right to insert a beam into another's property; receive or not receive water from another's house; must not obstruct natural light; the right to build higher etc... Main difference between urban/rustic servitudes was that urban ones were continuous (the beam always rests in the wall) whereas rustic ones were only in existence when they were used. altius non tollendi - right to prevent buildings that would obstruct your light: imposes a negative duty on neighbour B.
Urban servitudes had enormous importance sine they played a significant role in the regulation of orderly relations between neighbours in Roman towns and cities.
Buy the full version of these notes or essay plans and more in our Roman Law Notes.