Javolenus, On Cassius, Book X. Where buildings are subject to a servitude that no portion of them shall be raised any higher, shrubs can be placed upon them above that height; but where the servitude relates to the view and the shrubs would obstruct it, this cannot be done.

Javolenus, On Cassius, Book X. A servitude may be acquired in favor of certain kinds of land, as for instance, vineyards, because this would have reference rather to the soil itself than to the surface of the same; so that, if the vineyards were removed, the servitude will remain. But if another intention existed when the servitude was created, an exception on the ground of malicious fraud will be necessary. 1Where an entire field is subject to a servitude of passage or the driving of cattle, the owner cannot do anything in the said field by which the servitude may be interfered with; because it is so extended that every clod is subject to it. But where the right of passage or to drive cattle is bequeathed without any limit, the limits shall be established at once, and where they are first established there will the servitudes be created, and the remaining parts of the field will be free. Hence, an arbiter must be appointed who, in both instances, should determine the direction of the right of way. 2The width of a driveway for cattle, and that of a pathway, is the one which was designated; and if nothing was said with reference to it, it must be fixed by the arbiter. In the case of a right of way the rule is different; for if the width is not stated, that which is established by law is the proper one. 3If the place is designated but the width is not given, the party can cross said place wherever he wishes. But if the place is not mentioned and the width is not stated, a right of way may be chosen over any portion of the land, but the width of the same must be that prescribed by law; and if there is any doubt as to the direction, the services of an arbiter must be enlisted to decide it.

Javolenus, On Cassius, Book X. It is not possible to provide that a monument shall only be built to a certain height, because what has ceased to be controlled by human law cannot be subject to a servitude; just as no servitude can be created providing that only a certain number of bodies shall be buried in one place.

Javolenus, On Cassius, Book X. Where a place subject to a right of way or a right to walk or drive is overflowed by a river, and before the time established for the loss of the servitude has elapsed, the land is restored by a deposit of alluvium, the servitude is also restored to its former condition. If, however, so much time should elapse that the servitude is lost, the owner of the land can be compelled to renew it. 1Where a highway is destroyed by the overflow of a river, or by the destruction of a building, the nearest neighbor must furnish a roadway.

Javolenus, On Cassius, Book X. If the work which causes damage by rain-water is erected in a public place, the action cannot be brought; but where the two tracts are separated by a public place, it can be. The reason for this is that the owner alone is liable under this action. 1Water cannot be conducted across a public highway without the consent of the Emperor.

Javolenus, On Cassius, Book X. The public cannot lose a highway by failing to make use of it.