Latin
2.1.82 to 2.1.89
Roman Law and Society, Institutes of Gaius 2.1.82-89
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(70) Land acquired by us through alluvion also becomes ours under the same law. This is held to take place when a river, by degrees, makes additions of soil to our land in such a way that we cannot estimate the amount added at any one moment of time; and this is what is commonly stated to be an addition made by alluvion, which is added so gradually as to escape our sight. [1] (71) Therefore, if the river should carry away a part of your land and bring it to mine, that part will still continue to be yours. (72) But, if an island rises in the middle of a river, it is the common property of those who possess land on both sides of the stream; but if it is not in the middle of the river, it will belong to those who have land on the nearest bank of the stream. (73) Moreover, any building erected on our land by another, even though the latter may have erected it in his own name, is ours by Natural Law, for the reason that the surface is part of the soil. (74) This rule applies with still greater force to trees planted on our soil by another, provided, however, they have taken root in the earth. (75) The same rule also applies to grain which has been sowed by another upon our land. (76) But if we bring an action against him to recover the land or the building, and we refuse to pay him the expenses he has incurred in constructing the building or in sowing the crop, we can be barred by [1] These rules regulating the acquisition and loss of the qualified ownership in animals feræ natural ,as well as those relating to alluvial deposits, were adopted bodily from Roman jurisprudence by the early writers on the Common Law, and are in. force to-day. "Omnia animalia que in terra &in mari &in clo &in aêre nascuntur vbicunq (ubicunque ); capiantur, et cu capta fuerint incipiunt esse mea; quia mea custodia crcetur. &eadem ratione si euaserint custodiam meam &in naturalem libertatem se receperint, desinunt esse mea &rursus fiunt occupantis. Est autem alluuio latens incremetum. &p alluuione adjici dicitur quod ita paulatim adjicitur, quod intelligere non possis quo momento teporis adjicitur ." Bracton, De Leg. et Consuet. Ang . II, I, 9. ed.