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the absence of which her sons were obliged to support her (MAL
A 46). In KAJ 9, a man designates his wife as sole heir of certain
specifically designated property which will pass after her death to
one of her sons, most probably the eldest.^95 This practice, which has
been compared to Roman legatum per damnationem, enables the testator
to reserve part of his estate for his widow on condition that she not
remarry, so as to preserve intact the inheritance rights of his children.^966.3 Tenure
For a discussion of tenure, see 2.2.2 above.
6.4 Ownership and Servitudes
6.4.1 MAL protect the interests of the owner of land without, how-
ever, guaranteeing him an exclusive right to the land. Thus, a per-
son could cultivate the field of another without the owner’s consent.
The occupier was subjected to an oath by the king, doubtless in
order to prove that the land was abandoned property. If the owner
reappeared in person, the occupier nonetheless had the right to har-
vest but had to pay two thirds of it to the owner (MAL B 19).^97 If,
however, the owner was known to the occupier, the latter was expelled
and had to leave behind any installations he had constructed (MAL
B 13). Only if the owner consented could the occupier become owner
of the field, on condition that he provide an equivalent plot of land
(MAL B 12). The law also protected boundaries; trespass, deliber-
ate or not, on a neighbor’s land was punished with pecuniary and
corporal penalties (MAL B 8–9). Building a well or a dyke on
another’s field constituted an infringement upon his ownership (MAL
B 10). Misappropriation of land by digging a ditch, enclosing it, or
setting up a boundary stone was punishable (MAL B 20).6.4.2 MAL impose on the owner of land a servitude of aque-
duct to give the neighboring fields access to a common well. If the(^95) Cf. Wilhelm’s interpretation, review of Saporetti, 647, in regard to collations
correcting the translation of Wilcke, ibid., 211ff., adopted by Saporetti, Altre Fami-
glie.. ., 77.
(^96) Wilcke, “Testamente.. .,” 199.
(^97) Following the interpretation of Roth, Law Collections.. ., 181–82; see 194,
n. 41, for a full bibliography on this difficult text.
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