e following are servitudes of this kind--the obligation
of a man to support the weight of his neighbour's house, to allow a beam
to be let into his wall, or to receive the rain from his neighbour's
roof on to his own either in drops or from a shoot, or from a gutter
into his yard; the converse right of exemption from any of these
obligations; and the right of preventing a neighbour from raising his
buildings, lest thereby one's ancient lights be obstructed.

2 Some think that among servitudes appurtenant to country estates ought
properly to be reckoned the rights of drawing water, of watering cattle,
of pasture, of burning lime, and of digging sand.

3 These servitudes are called rights attached to estates, because
without estates they cannot come into existence; for no one can acquire
or own a servitude attached to a town or country estate unless he has an
estate for it to be attached to.

4 When a landowner wishes to create any of these rights in favour of
his neighbour, the proper mode of creation is agreement followed by
stipulation. By testament too one can impose on one's heir an obligation
not to raise the height of his house so as to obstruct his neighbour's
ancient lights, or bind him to allow a neighbour to let a beam into
his wall, to receive the rain water from a neighbour's pipe, or allow a
neighbour a right of way, of driving cattle or vehicles over his land,
or conducting water over it.

TITLE IV. OF USUFRUCT

Usufruct is the right of using and taking the fruits of property not
one's own, without impairing the substance of that property; for being
a right over a corporeal thing, it is necessarily extinguished itself
along with the extinction of the latter.

1 Usufruct is thus a right detached from the aggregate of rights
involved in ownership, and this separation can be effected in very many
ways: for instance, if one man gives another a usufruct by legacy, the
legatee has the usufruct, while the heir has merely the bare ownership;
and, conversely, if a man gives a legacy of an estate, reserving
the usufruct, the usufruct belongs to the heir, while only the bare
ownership is vested in the legatee. Similarly, he can give to one man
a legacy of the usufruct, to another one of the estate, subject to the
other's usufruct. If it is wished to create a usufruct in favour of
another person otherwise than by testament, the proper mode is agreement
followed by stipulation. However, lest ownership should