Ulpianus, Institutes, Book II. Hence all law consists either in the acquisition, preservation, or diminution of right; for it has reference to the way in which anything becomes the property of a person, or how he can preserve it or his rights, or how he can alienate or lose them.

Ulpianus, Institutes, Book II. The following are the servitudes of rustic estates, namely: the right of walking, driving cattle, the right of way, and the right to conduct water. The first is the right a man has to pass or walk, but not to drive a beast of burden. The second is the right to drive a beast of burden, or a vehicle; and therefore a party who has the right to walk, has not the right to drive cattle; and he who has the latter privilege has also that of walking even without a beast of burden. The third is the right of passing, driving, or walking, for all are included in the right of way. The last is the right to conduct water over the land of another. 1Among rustic servitudes must be enumerated the right to draw water, as well as that to drive cattle to water, the right of pasturage, the rights of burning lime and of digging sand. 2It is clear that the delivery of servitudes and the toleration of the same admit of the intervention of the Prætor.

Ulpianus, Institutes, Book II. We designate buildings urban estates, and where buildings belong to a house in the country, servitudes of urban estates can also be created there. 1These servitudes are said to belong to estates because they cannot be created without them; for no one can acquire a servitude over an urban or rustic estate, unless he himself has an estate.

Ulpianus, Institutes, Book II. Moreover, where a bequest is made as follows: “I wish you to give; I require you to give; I think that you should give,” a trust is created.

Ulpianus, Institutes, Book II. Or where one is exhausted by old age: