The Same, On Sabinus, Book XXXIV. If I sell you a certain part of my land, the right to an aqueduct will also belong to you, even though it is principally used for the benefit of another part; and neither the excellence of the soil, nor the use of the water should be taken into consideration to imply that the right of conducting the water is only attached to that part of the property which is most valuable, or especially requires the use of it; but the division of the water must be made in proportion to the quantity of land reserved or alienated.

The Same, On Sabinus, Book XXXIV. This, however, only applies where he is not deceived through mistake or ignorance, for anyone who makes a mistake does not give consent.

Pomponius, On Sabinus, Book XXXIV. Hence, if an island which has been formed accrues to my land, and I sell the lower part of the latter, which is not opposite to the island, none of the island will belong to the purchaser, for the reason that it would not have been his in the beginning, even if he had been the owner of that part of my land at the time when the island was formed. 1Celsus, the son, says that if a tree grows along the bank of a river where my land is situated, it will belong to me, because the soil itself is my individual property and the public is only entitled to the use of the same; and, therefore, if the bed of the river should dry up, it will become the property of the neighbors, for the reason that the people no longer make use of it. 2An island is formed in a river in three different ways; first, when the stream flows around land which did not originally belong to its bed; second, when it leaves the place, which was formerly its bed, dry, and commences to flow around it; third, when, by removing soil little by little, it raises a high place above the bed of the river and increases it by alluvium. By the last two ways the island becomes the private property of him whose land was nearest to it when it first appeared. For it is the nature of a stream to change its bed, when it alters its course, and it does not make any difference whether merely the soil forming the bed is changed, or whether it is raised by earth being deposited upon it, as it is always of the same character. In the first instance, the condition of the property is not altered. 3Alluvium restores a field to the state in which it was before the force of a stream entirely removed it. Therefore, if a field which is situated between a public highway and a river is covered with water by the overflow of the stream, whether it is inundated little by little, or not, and it is restored by the same force through the receding of the river, it will belong to its former owner. For rivers perform the duties of those officials who designate the boundaries of land, and adjudge them sometimes from private individuals to the public, and sometimes from the public to private individuals. Hence, as the land above mentioned became public when it served as the bed of a river, it now should again become private, and belong to its original owners. 4If I drive piles into the sea, and build upon them, the edifice will immediately be mine; as what belongs to no one becomes the property of the first occupant.

Pomponius, On Sabinus, Book XXXIV. There is nothing to prevent anyone from taking water from a public stream unless this is forbidden by the Emperor or the Senate; provided the water is intended for the use of the public. If the stream is either navigable, or another is rendered navigable by it, this is not permitted to be done.

The Same, On Sabinus, Book XXXIV. We have adopted the rule that water can be conducted, not only for irrigating purposes, but also for the use of cattle, and even for pleasure. 1Several persons can conduct water from a river, provided they do not cause any damage to their neighbors, or even those who are on the opposite bank, if the stream narrows. 2If you have conducted water from a public river, and it leaves its bed, you cannot follow it up, even though the place where it now runs belongs to me, because the servitude was not imposed upon that land. You can, however, follow it up, if the river should gradually accrue to your land by alluvial deposit, because the entire locality is subject to the servitude of conducting the water of the river. But if the river, having changed its bed, begins to surround it, you cannot then follow it up, because the abandoned bed is not subject to the servitude which, in consequence, is interrupted. 3The water which originates in a brook is tacitly considered to be for the benefit of him who conducts it from thence. 4An aqueduct, whose origin is beyond the memory of man, is considered to have been lawfully established in the place through which it passes. 5He who is entitled to conduct water for daily use can place pipes in a stream, or do anything else; provided he causes no damage to the land of his neighbor, or interferes with the right of others to use water from the same source. 6Anyone who has a right to conduct water can also legally conduct other water above it by means of an aqueduct constructed upon the shore, provided no injury is done to the conduit below.

Pomponius, On Sabinus, Book XXXIV. If a tree on the premises of a neighbor is made to project over your land by the force of the wind, according to the Law of the Twelve Tables, you can bring an action against your neighbor to compel him to remove it, on the ground that he has no right to have a tree in that condition.

The Same, On Sabinus, Book XXXIV. An insane person, and one who is forbidden to manage his property, has no will.