Pomponius, On Sabinus, Book XXXII. If, when selling a portion of my land, I provide in the contract that I shall have a right to conduct water over that portion to the remainder of my premises, and the time prescribed by law elapses before I excavate a ditch, I do not lose any right, as there is no place for the water to flow, and my right remains unimpaired; but if I dug the ditch and did not use it, I would lose my right. 1Ad Dig. 8,6,19,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 643, Note 2.If I bequeath to you a right of way over my land, and, my estate having been entered upon, you should, for the time fixed by law for the loss of a servitude, remain ignorant that this right had been left to you; you will lose the right of way by failure to make use of it. But if, before the time had expired, you sell your land without having ascertained that the servitude had been bequeathed to you, the right of way will belong to the purchaser, if he should make use of it for the remaining time, because, in fact it had already commenced to be yours, and it might happen that you would never have the right even to reject the legacy, as the land would not belong to you.

Pomponius, On Sabinus, Book XXXII. If a tenant leaves the land without the intention of relinquishing possession, and returns, it is held that the same lessor holds possession.

Pomponius, On Sabinus, Book XXXII. Even if the vendor of a tract of land should direct someone to place a purchaser in full possession of the same, the purchaser himself cannot legally acquire possession before this is done. Likewise, if a friend of the vendor, not being aware that the latter is dead, should place the purchaser in possession without being prevented from doing so by the heirs, possession will legally be delivered. But if he did this, knowing that the owner was dead, or if he was aware that the heirs were unwilling that it should be done, the contrary rule will apply.

Pomponius, On Sabinus, Book XXXII. If a thief should purchase the stolen property from its owner, and hold it as delivered to him, he ceases to possess it as having been stolen, and begins to possess it as his own. 1Ad Dig. 41,3,32,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 177, Note 9.When anyone thinks that he is not legally entitled to acquire by usucaption property which is in his possession, it must be said that even if he is mistaken, he cannot profit by usucaption; either because he is not considered to possess it in good faith, or because usucaption is of no advantage where an error of law exists. 2Ad Dig. 41,3,32,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 152, Note 12.No one can possess a portion of anything, the amount of which is uncertain. Therefore, if several persons own land, and each is ignorant of the amount of his share, Labeo says that, strictly speaking, none of them has possession.

Pomponius, On Sabinus, Book XXXII. Where anyone who is in a way to acquire by usucaption any property, either as heir or as purchaser, has claimed it by a precarious title, he cannot acquire it by usucaption. For what difference is there between these things, when he claims the property by a precarious title, he ceases in both instances to hold possession under his first title? 1Ad Dig. 41,4,6,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 176, Note 3.If, out of ten slaves whom I have purchased, I think that some belong to other persons, and I know which ones they are, I can acquire the others by usucaption. If, however, I do not know which of them belong to others, I cannot acquire any of them by usucaption. 2The time for acquiring by usucaption having expired after the death of a man who purchased a slave, although the heir may not have begun to possess the slave, he will still become his, provided no one else has obtained possession of him in the meantime.

Pomponius, On Sabinus, Book XXXII. Nothing can be acquired by an heir through usucaption out of the property of a person who is living, even though the possessor thought that it belonged to one who is dead.

The Same, On Sabinus, Book XXXII. If a father makes a donation to his daughter, who is under his control, and has disinherited her, and the heir ratines the donation, she can begin to acquire it by usucaption from the day when the ratification was made.

Pomponius, On Sabinus, Book XXXII. Ad Dig. 41,7,5 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 176, Note 6.If you possess any article which is considered to have been abandoned, and I, knowing this to be the case, purchase it from you, it is established that I can acquire it by usucaption, and the objection that it is not included in your property cannot be raised. For if I knowingly purchase property given to you by your wife, for the reason that you have done this, as it were, with the consent and permission of the owner, the same rule will apply. 1Whatever anyone considers to have been abandoned by himself immediately becomes mine, if I take it. Hence, if anyone throws away money, or releases birds, although he intends that they shall belong to anyone who may seize them, they, nevertheless, become the property of him whom chance may favor; for where anyone relinquishes the ownership of property, he is understood to have intended it to belong to anyone else whomsoever.

Pomponius, On Sabinus, Book XXXII. If the person to whom the property was delivered thinks that the testator is dead.

The Same, On Sabinus, Book XXXII. If you purchased in good faith a female slave who had been stolen, and you have in your possession the child of said slave, that she conceived while in your hands, and, before the time prescribed for usucaption has elapsed you ascertain that the mother of the said child has been stolen, Trebatius thinks that the child which is possessed in this manner can unquestionably be acquired by prescription. I think that a distinction should be made in this case, for, if within the time prescribed by law for usucaption to take effect you do not ascertain to whom the slave belongs or if you knew this, without being able to notify the owner of the slave, or if you were able to notify him, and did it, you can acquire the slave by usucaption. If, however, you were aware that the slave had been stolen, and you could have notified the owner, but failed to do so, the contrary rule will apply; for you will be considered to have possessed her clandestinely, as the same person cannot possess property as his own and clandestinely at the same time. 1When a father divides his property among his children, and, after his death, they retain it, for the reason that it was agreed among them that this division of his estate should be ratified, usucaption on the ground of ownership will benefit so far as any property belonging to others, which may be found among the effects of the father, is concerned. 2Where property has not been bequeathed, but has been delivered as such by the heir through mistake, it is established that it can be acquired through usucaption by the legatee, because he possesses it as owner.

Pomponius, On Sabinus, Book XXXII. If I have the right to conduct the water during the day or the night, I cannot do so at different hours than those during which I am entitled to conduct it.

The Same, On Sabinus, Book XXII. If I adopt a person to whom property has been granted under a precarious tenure, I will also hold possession of it under the same tenure.

The Same, On Sabinus, Book XXXII. In every instance, an act is considered as having been performed, where anyone is prevented from performing it by another.