Wits Roman Law Moot I- Law of Property, Case

Moot problem: Roman law of property

 
Two years ago, Aulus, a veteran of the tourist industry at Rome, bought a game farm in Campania. At the bottom of the furthermost part of the farm lies a tract of veld which from the outset he has thought is part of his land. He has intermittently traversed it, taken tour groups over it and even hunted on it. He has, however, not fenced it in. Some few hundred metres further is a spring, which Aulus knows is on Balbus’ adjacent farm. In order to water parts of his farm, Aulus agrees with Balbus that he will “forever and ever but at least until his death” be entitled to draw water from the spring for use on his farm. One day Aulus sees a leopard on his land, which rather surprises him since he was under the impression he has only buck. He starts chasing the leopard, and when it is already on Balbus’ land, he manages to wound it in its one hind leg. Yet the leopard is adamant that Aulus will not get the better of him, and continues running deeper into Balbus’ farm. After a hundred metres or so, the leopard collapses underneath a tree without Aulus noticing. Balbus soon realizes the piece of veld at the bottom of Aulus’ farm is in fact part of his land and, angry at what he perceives to be Aulus’ impertinence at using his land, he decides to prevent Aulus from drawing water from his spring.



1. Balbus institutes the rei vindicatio against Aulus in respect of the piece of land at the bottom of Aulus’ farm.
2. Aulus institutes the actio confessoria against Balbus in order to assert his right to draw water.


3. Aulus claims the leopard from Balbus by means of the rei vindicatio.