patio, as a ceremony, invoh ed in its developed forma grasping in the hand tliat is nor entirely appropriate for land. One may conclude eiher that land was added to the list of res mancipi after the form of the ceremony was fixed, or that as the class of res w^///c//^/ emerged and as the details of the form of transfer were recognized as necessary, one ceremony alone hecame acceptahle for the transfer of all res niaueipi, though it was not alwa\ s wholly appropriate. In either case, it was opportunistic either to classify land as res numcipi or to treat nunicipatio as appropriate to it. But a much more flagrant case of opportunism appears in the classification of rustic praedial ser\ itudes as res nianeipi.^ 'Fhe four original praedial seryitudes w ere iter, a right of passage, aetus, a right of dri\ ing beasts, via, a right of Inn ing a "pa\ ed" road, and aquaeduetus, a right of aqueduct, d'hese seryitudes or easements are of extreme economic importance in a primitive agricultural community. I'arming neighbors w ill oh\ iously want to make use of them, and they will come into existence in practice by consent, ewen w ithout legal recognition. But nonetheless the need for legal protection will soon he felt. 1 low are neighbors to create such rights.^ Some form will he needed. In the absence of official intert ention, recourse could he had to the ceremony oi maucipatio' I'raditio (delitery), the standard method of coineying res uee mancipi, could not he used, not just because of its informality hut also because it required physical delix ery of the thing to he transferred.'’ d'here is no alternatixe to maneipatio. .\nd exentualK’ the courts will recognize that serx itudes hax e been created. .\ purelx' pragmatic solution xxas found. But, as a 4 G.2.i4a, 17, 29; Epitome Ulpiani 19.1; Vat. Fr. 45. 5 In iure cessio, which in any event is cumbersome, is unlikely to have existed so early: see, e.g., Alan Watson, The Lawof Property in the Later Roman Republic (Oxford, 1968), p. 93 and especially n. 1. 6 G.2.19; cf. Buckland, Textbook, pp. 226f. 67
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