Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

SERVITUTES. SERVITUTES. 1031
ralled Personal, Personarum; and they ceased sidered as belonging to the dominant praedium in
with the death of the person: the expression such a sense that it cannot be alienated without
"' personalis servitus" was used. (Dig. 34. tit. 3. the praedium nor pledged nor let.
s. 8. ~ 3.) Or they had for their subject another Praedial Servitutes were either Praediorum UTrpiece of property, as a house or land, and the per- banorum or Rusticorum. But the word Servitus
son who exercised the Servitus exercised it in re- has a double meaning, according as we view it as a
spect of his right to the house or land, which was right or a duty. The Servitus of a Praedium Rusits subject. Servitutes of the latter kind were ticum or Urbanum is, in the former sense, the
called Praedial, Servitutes Praediorum or Rerum, servitus which belongs to a particular Praedium, as
or Jura Praediorum (Gaius, ii. 17. 29; Dig. 8. tit. a right: ill the latter sense it is the servitus which
1. s. 1); and with reference to their special kinds, some particular Praedium owes, as a duty. When
Jura aquarum, &c. (Cic. pro. Caecin. 26.) the two Praedia are contemplated together in their
The exercise of Personal Servitutes, of which mutual relations of right and duty, the word SerUsus and Ususfructus were the. principal, was al- vitus expresses the whole relation. Servitutes Urways connected with the natural possession of the banae are those which are for the advantage of an
thing; and consequently the Quasi: Possessio. of edifice as such, whether the advantage is derived
such Servitutes had a close resemblance to Posses- from another building or simply a piece of land;
sio. [PossEssIo.] Servitutes of this class consisted Rusticae are those which are for the advantage of
solely " in patiendo." a piece of ground, as such, and mainly for the
Praedial servitutes consisted both "-in patiendo," benefit of agriculture. "Urbanum praedium non
and "in non faciendo." Those which consisted locus facit, sed materia." (Ulp. Dig. 50. tit. 16.
"in patiendo " comprised either such acts as a per- s. 1 98.)
son might do, by virtue of the Servitus, which acts The following are the principal Servitutes Urhad only mediately a reference to another piece of banae:- 1. Oneris ferendi, or the right which a
land, as in the case of a Jus Itineris; or such acts man has to use the edifice or wall of his neighbour
as a man might do, with immediate reference to to support his own edifice. The owner of the
another piece of land, as Jus tigni immittendi, servient property was consequently bound to keep
and the like. Those which consisted "in non it in repair so that it should be adequate to disfaciendo" on the part of the owner were acts charge its duty. (Dig. 8. tit. 5. s. 6.) 2. Tigni
which another possessor of a piece of land could immittendi, or the right of planting a beam in or
require the owner of the servient property not to upon a neighbour's wall. 3. Projiciendi, or the
do, but which except for the servitus, the owner right of adding something to a man's edifice, though
might do. it shall project into the open space which is above
Personal servitutes were Usus, USUSFRUCTUS, his neighbour's grounds. 4. Stillicidii, or fluminis
Iabitatio, and Operae servorum et Animaliunli. recipiendi or immittendi. This servitus was either
Habitatio or the right of living in another per- a right which a man had for the rain water to run
son's house resembled the ususfructus or usus from his house upon and through his neighbour's
aedium. But it was not lost as nsusfructus and premises, or a right to draw such water from his
usus were, by capitis diminutio or neglect to exer- neighbour's premises to his own. The technical
cise the right. Also, it consisted in the right to meaning of Stillicidium is rain in drops; when
inhabit solne definite part of a house only, and not collected in a flowing body it is Flumen. (Varro,
the whole; the habitatio could be sold or let. If de Lis2#. Lat. v. 27, ed. uiiller; Cic. de Os'. i.
it was a donatio inter vivos, it could be set aside 38.) 5. Altius non tollendi, or the duty which a
by the heredes of the giver. (Dig. 7, tit. 8. De man owed not to build his house higher than its
UsiE et Habitatione; Dig. 39. -tit..5. s. 27, 322; present elevation, or the duty of the owner of a
Inst. 2. tit. 5,) piece of land not to raise his edifice above a cer.Operae servorum et animalium consisted in a tain height, in order that the owner of some
man having a right to the use and services of other house mnight have the advantage of such
another person's slave or beast, so long as the slave forbearance. If a man was released from this
or beast lived. The servitus continued after the duty by his neighbour, he obtained a new right,
death of the person entitled to it, and was not lost which was the Jus altius tollendi. In like manby a capitis diminutio nor by neglect to exercise it. ner, a man whose ground was released from the
This is called by Gains (ii. 32) " the Ususfructus Servitus Stillicid'ii was said to have the servitus
hoeminum et ceterornm animalium." stillicidii non recipiendi. This was not strictly
Praedial Servitutes imply the existence of two accurate language, for if a servitus is defined to be
contiguous pieces of land (praedia), one of which some limitation of the usual rights of ownership, a
owes a servitus to the other (sesvitutemn debet, recovery of these rights or a release from the duties
praediusm, feedzls serviens); and the servitus is which is implied by the possession of these rights
said to be due (deberi) from the one to the other. by another, merely gives the complete exercise of
The name of praedium dominans which is now ownership and so destroys all notion of a Servitus.
often used to designate the praedium to which the Still such was the language of the Roman Jurists,
servitus is due, is a modern invention. It is of and accordingly we find enumerated among the
the nature of a Servitus to be an advantage to the Urbanae Servitutes (Dig. 8. tit. 2. s. 2), " Stilliland to which it belongs: it must be something cidiumn avertendi in tectum vel aream vicini anut
that in some way increases its value. It must also non avertendi." 6. Servitus ne Luminibus, and ne
be a thing that is permlanently to the advantage of Prospectui officiatur, or the duty which a man owes
the dominant praedium; for it is said "' omnes ser- to his neighbour's land not to obstruct his light or
vitutes praediorum perpetnuas causs habere debent " his prospect (see Gaius, ii. 31; Cic. de Or. i. 39);
(Paulus, Dig. 8. tit. 2. s. 8), which means there is and Servitus Luminum or Prospectus, or the duty
a continuous adaptation of the servient to the use of a man to allow Ihis neighbour to make openings
of the dominant tenement. The Servittis is col- ilnto his prenmises, as in a common wall for instance
3 u 4