restricted access 18. SUPERFICIES
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104 BOOK FORTY-THREE ISUPERFICIES brings force to bear against your cutting short or carrying back the vines, he will be held to be forcibly preventing you from possession; since anyone who is prevented from cultivating a farm is, as Pomponius says, prevented from possessing it. 5. Again, let us see whether, if an extension projecting over a neighbor's ground is said to be without any right, the one may effectively avail himself of the interdict for the possession of land against the other. A statement in Cassius is that it is effective for each, because the one possesses the ground and the other the supeqficies with the building. 6. Labeo also writes: I have part of my house projecting over yours. You invoke the interdict against me, if we possess the place covered by the projection. Shall I, the more easily to keep possession of the projection, invoke against you the interdict "insofar as you now possess the house from which there is a projection?" 7. But if above the house which I possess there is an upstairs apartment in which someone else is residing as if he were its owner, Labeo says that the interdict is available to me but not to the resident in the upstairs apartment; for the supe6cies always yields place to the land. Plainly, if an upstairs apartment has the entrance from the public [street], Labeo says the house is possessed not by the possessor of the hidden part, but by the person whose house is above it. This is true of him who has the entrance from the public [street]; otherwise, he will make use of the interdict proper to superficiaries and actions granted by the praetor. But the owner of the ground will be preferred under the interdict for the possession of land against a superficiary as against anyone else. However , the praetor will protect the superficiary according to the law of letting, as Pomponius confirms. 8. Creditors sent to take possession so as to safeguard the property may not employ the interdict for possession of land; and rightly, since they are not the possessors. And the same is to be said of all who are sent to take possession for the purpose of custody. 9. If my neighbor's plastering partly covers my wall and partly his, the interdict for possession of land is effective to make him remove it. 10. I am not held to be in forcible possession if I accept a farm from someone I know is in forcible possession. 11. In this interdict condemnation is in a sum related to the value of the property. By "the value of the property" we understand "the extent of anyone's interest in keeping possession." There is admittedly an opinion of Servius's that the possession should be valued as being as much as the property itself is worth. But that is by no means to be held. For the price of a thing is far from being that of its possession , which is quite a different thing. 4 ULPIAN, Edict, book 70: In sum, I think it is to be said that this interdict can be granted between usufructuaries also, and if one party is arguing for his usufruct and the other for possession. The same is to be affirmed if someone is arguing for his possession of the right of use, and so Pomponius writes. So if one party is seeking his right of use and the other his right to the fruits, this interdict is to be granted to them also. 1 ULPIAN, Edict, book 70: The praetor says: "Insofar as under the law of letting or lease of the superjicies in question you are enjoying not by force, stealth, or precurium the one from the other, I forbid the use of rorce to prevent you from enjoying 104 BOOK FORTY-THREE/ SUPERFICIES brings force to bear against your cutting short or carrying back the vines, he will be held to be forcibly preventing you from possession; since anyone who is prevented from cultivating a farm is, as Pomponius says, prevented from possessing it. 5. Again, let us see whether, if an extension projecting over a neighbor's ground is said to be without any right, the one may effectively avail himself of the interdict for the possession of land against the other. A statement in Cassius is that it is effective for each, because the one possesses the ground and the other the superficies with...


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