Epistularum libri
Ex libro I
Dig. 8,6,16Proculus libro primo epistularum. Aquam, quae oriebatur in fundo vicini, plures per eundem rivum iure ducere soliti sunt, ita ut suo quisque die a capite duceret, primo per eundem rivum eumque communem, deinde ut quisque inferior erat, suo quisque proprio rivo, et unus statuto tempore, quo servitus amittitur, non duxit. existimo eum ius ducendae aquae amississe nec per ceteros qui duxerunt eius ius usurpatum esse: proprium enim cuiusque eorum ius fuit neque per alium usurpari potuit. quod si plurium fundo iter aquae debitum esset, per unum eorum omnibus his, inter quos is fundus communis fuisset, usurpari potuisset. item si quis eorum, quibus aquae ductus servitus debebatur et per eundem rivum aquam ducebant, ius aquae ducendae non ducendo eam amisit, nihil iuris eo nomine ceteris, qui rivo utebantur, adcrevit idque commodum eius est, per cuius fundum id iter aquae, quod non utendo pro parte unius amissum est: libertate enim huius partis servitutis fruitur.
Proculus, Epistles, Book I. Several persons by reason of a right were accustomed to conduct through the same canal water which had its source on the land of a neighbor, in such a way that each one, on a certain day allotted to him, conducted the water from its source through a ditch which was held in common, and then through one of his own, each succeeding the other who was immediately above him; and one of them failed to conduct any water during the time established by law for the loss of a servitude. I think that he lost the right to conduct the water, for it was not exercised by the others who did conduct it, and this right belonged to each one of the parties as his own, and could not be exercised by another. But where a water-course was attached to land belonging to several parties, it could have been used by one of them for the benefit of all those by whom the land was held in common. Again, where one of the parties entitled to a right of conducting water, and who did conduct it through the same channel loses the right to do so by failure to use his privilege, no right for this reason will accrue to the others who used the channel; and the benefit of the right which was lost as to the share of one party by non-user will belong to him through whose land was traversed by the water-course, and he would enjoy freedom from this much of the servitude.