Twelve Tables of Rome

Lex Duodecim Tabularum


iconTable VIII. Land and Real Property Rights

1A space of two feet and a half must be left between neighboring buildings.
2For pasturing on, or cutting secretly by night, another’s crops acquired by tillage, an adult shall be hanged (suspensum) and put to death as a sacrifice to Ceres; and, in the case of a child under the age of puberty, either he shall be scourged or shall, for the harm done, make composition by paying double damages.
3Anyone who turns cattle on the land of another, for the purpose of pasture, shall surrender the cattle, by way of reparation.
4Anyone who destroys by burning any building or heap of corn deposited alongside a house shall be bound, scourged, and put to death by burning at the stake provided that he has committed the said misdeed with malice aforethought; but if he shall have committed it by accident, that is, by negligence, it is ordained that he repair the damage or, if he be too poor to be competent for such punishment, he shall receive a lighter punishment.
5The space of five feet shall be left between adjoining fields, by means of which the owners can visit their property, or drive and plow around it. No one shall ever have the right to acquire this space by usucaption.
6If any persons are in possession of adjoining fields, and a dispute arises with reference to the boundaries of the same, the magistrate shall appoint three arbiters, who shall take cognizance of the case, and, after the boundaries have been established, he shall assign to each party that to which he is entitled.
7When a tree overhangs the land of a neighbor, so as to cause injury by its branches and its shade, it shall be cut off fifteen feet from the ground.
8When the fruit of a tree falls upon the premises of a neighbor, the owner of the tree shall have a right to gather and remove it.
9When rain falls upon the land of one person in such a quantity as to cause water to rise and injure the property of another, the magistrate shall appoint three arbiters for the purpose of confining the water, and providing against damage to the other party.
10Where a road runs in a straight line, it shall be eight feet, and where it curves, it shall be sixteen feet in width.
11When a man's land lies adjacent to the highway, he can enclose it in any way that he chooses; but if he neglects to do so, any other person can drive an animal over the land wherever he pleases.
12No one may erect a toll on a public road, except by authority of Rome. No one may hinder travel or official business on a public road for the purpose of demanding ransom, levy or payment.