Pomponius, On Sabinus, Book XXXIII. Where a person transfers a house, which is the only one he has, or a tract of land, he can reserve a servitude which is personal and not prædial; as for instance, the use or usufruct. But if he makes a reservation of pasturage or the right of residence, it is valid; as profits are obtained from the pasturage of many tracts of woodland. Where the right of residence is reserved, whether this is for a certain time or until the death of the person who reserves it, it is held to be a reservation of the use.

Pomponius, On Sabinus, Book XXXV. Whenever servitudes are neither personal nor real, then, because the neighbors have no interest in them, they are not valid; as for instance, one which states that you shall neither walk nor stand on your own property. Therefore, if you grant me as a servitude that you will not have the right to use and enjoy the crops from your own land, this is void. It would be otherwise, however, if you granted me a servitude providing that you should have no right to draw water on your own land, for the purpose of diminishing my supply of water. 1The nature of servitudes is not such that a person should be compelled to do anything whatever, (as for instance, to move shrubbery in order to give a more pleasant view, or, for the same purpose, to paint something on his own land), but he should only tolerate something, or agree not to perform some act.

Pomponius, On Sabinus, Book XXXIII. Where your house is subject to two servitudes in favor of buildings belonging to me, namely: that it must not be raised higher, and must receive the water from off my building, and I grant you the right to raise your house without my consent; it must be held, so far as relates to the drip of my water, that if your house is raised higher, and it is impossible for the rain-water from mine to fall upon it, you will not for that reason be permitted to raise it any higher, but if the drip from mine is not interfered with, you can raise it higher.

Pomponius, On Sabinus, Book XXXIII. Where a servitude is imposed as follows, “The lights which are now in existence are to remain in their present condition”: this is not held to provide anything with respect to future lights; but if the words of the bond are: “Lights are not to be obstructed”, this clause is ambiguous, and does not indicate whether the lights which now exist are not to be obstructed, or whether other lights which may be afterwards made are included. The more favorable construction is that the clause refers in general terms to all lights, whether they exist at the present time, or are made after the contract has been executed. 1Even where a building has been planned but has not yet been erected, a servitude may be acquired by or imposed upon it.

Pomponius, On Sabinus, Book XXXIII. What has been stated concerning the insertion of timbers into a building is applicable where one house supports something belonging to another; otherwise, no one can have his building rest upon that of another, 1Where three houses stand on sloping ground, and the middle house is subject to a servitude in favor of the upper one, but the lowest is not servient to any, and the party-wall dividing the lower and the middle houses is raised by the owner of the lowest one, Sabinus says that in this instance the said owner can legally retain the wall which has been raised.

Pomponius, On Sabinus, Book XXXIII. However, if you and I are joint-owners of the Titian House, and something is illegally inserted from it into my own house, I undoubtedly will have a right of action against you for this reason; or what has been inserted must be removed. The same rule applies where, under similar circumstances, some portion of your house has been made to project over the one owned by you and me in common, since I, alone, am entitled to an action against you. 1If you intend to build upon ground held in common your joint-owner has the right to prevent it, even though the privilege of building has been granted you by a neighbor; because you have no right to build on common property against the consent of the other joint-owner.

Pomponius, On Sabinus, Book XXXIII. If you grant me at the same time the right to walk and drive over your premises, and also the right to use and enjoy the same, and then I surrender to you my right of use and enjoyment, you cannot use and enjoy the property, unless you leave me the unimpaired right to pass through or drive. Moreover, if I have a right to conduct water through your land, and you do not have the right to build upon the same without my consent, and I grant you the right to build, you must, nevertheless, grant me the servitude that you will not erect any building except in such a way, that my water-course may remain unaltered; and the condition of everything must continue to be the same as it would have been if, in the beginning, only a single grant had been made. 1A servitude can damage the land subject to it naturally, and not through anything due to the agency of man; as, for instance, if the water in the channel should be increased by showers; or water should flow into it from an adjoining field; or a spring should afterwards be discovered along the channel or within it. 2If there is a spring adjoining the Seian Estate from which spring I have a right to conduct the water through the said estate, and the estate should become mine, the servitude will remain. 3The right to draw water does not attach to a person but to the land.

Pomponius, On Sabinus, Book XXXIII. But then the only parts of the land which would be affected by the servitude are those which were free from buildings, trees, or vines, when the grant was made.

Pomponius, On Sabinus, Book XXXIII. Labeo states with reference to a water-course of mine, that I can lend it to any of my neighbors; but Proculus, on the other hand, says that it cannot be used for the benefit of any part of my land except that for which the servitude was acquired. The opinion of Proculus is the more correct one.

Pomponius, On Sabinus, Book XXXIII. Right of access is granted to parties entitled to a privilege of this kind, for the purpose of making repairs to places which are not subject to the servitude, where such access is necessary, and it is not expressly mentioned in the grant of the servitude in what way access should be permitted. Therefore, the owner of land cannot make the ground religious along a river, or above one; if, for instance, the water should be conducted under ground, lest the servitude might be extinguished; and this is correct. You have, however, the right to conduct the water through a lower or a higher channel, except where it has been provided that you should not do so. 1If I have the privilege of conducting water through a channel near your land, the following rights are implied: I can repair the channels; I and my workmen can, for the purpose of repairing the same, approach as near as possible to the place; and I can also require the owner of the land to leave me sufficient space to approach the channel on the right and left banks of the same, and to throw down dirt, loam, stone, sand, and lime.

Pomponius, On Sabinus, Book XXXIII. If a wall belongs to me, and I permit you to insert into it timbers which you had there formerly, and you then wish to insert others, you can be prevented from doing so by me; and, indeed, I have a right of action to compel you to remove any timbers which you have recently inserted therein. 1If a party-wall which you and I own, should, on account of any work which you have done, incline towards my house, I can bring an action against you and allege that you have no right to have a wall in that condition.

Pomponius, On Sabinus, Book XXX. If I build a wall for my neighbor and myself with the understanding that I can recover the expense of the same from him in proportion to his share; or if I build the wall by way of donation, it will be common property.

Pomponius, On Sabinus, Book XXXIII. Where the following clause was inserted in a contract of sale: “The water-courses and gutters shall remain as they now are,” and it is not added what water-courses or gutters are meant; the intention of the parties must, first of all, be considered. If this is not apparent, the construction will then be adopted which is prejudicial to the vendor, for the language is ambiguous.

The Same, Decrees, Book XXXIII. A party who has not been summoned as a witness is allowed to testify for the purpose of proving a transaction.

Pomponius, On Sabinus, Book XXXIII. When permission is given anyone to lodge without payment in the house of another, it is considered a donation; for he who has the lodging is held to obtain as a gift the rent which he does not pay. A donation can also be valid without the delivery of the property; as, for instance, where, by way of donation I make an agreement with my debtor that I will not demand payment of him before a certain time has elapsed. 1The income from property which is donated is not included as part of the donation. If, however, I should give you, not the ownership of a tract of land, but the right to gather the crops, this will be held to constitute a donation. 2If a son under paternal control makes a donation by the order, or with the consent of his father, it is the same as if the father himself had made it, or if you should make a donation to Titius of my property with my consent in your own name. 3No one can make a donation, unless what is given becomes the property of the person to whom it is made.

The Same, On Sabinus, Book LIII. If your neighbor builds upon your wall, Labeo and Sabinus say that what he builds will belong to him. Proculus, however, holds that it will belong to you, just as anything which another builds upon your land becomes your property. This is the better opinion.