Legal Definitions - stillicidium

In Roman law, stillicidium referred to a specific type of servitude (a legal right or burden attached to land) that allowed the owner of a building to let rainwater drip naturally from the eaves of their roof onto an adjacent property. This right concerned the natural, drop-by-drop discharge of water, distinct from situations where water was channeled or directed through gutters or pipes. The term "eavesdropping" in some historical contexts was used to describe this act of water "dropping from the eaves," rather than secretly listening to conversations.

• Example 1: New Construction Dispute
  A Roman citizen, Marcus, constructs a new villa with a roof whose eaves extend slightly over the boundary line, causing rainwater to drip directly onto his neighbor Lucius's vegetable garden. Lucius complains that the constant dripping is damaging his crops and making his soil waterlogged. Under Roman law, if Marcus did not have an established stillicidium servitude, he would be obligated to alter his roof design or install a system to prevent the water from dripping onto Lucius's land. This example illustrates stillicidium as a potential burden on a neighboring property that requires a specific legal right to exist.
• Example 2: Established Property Right
  For generations, a particular Roman insula (apartment building) has had its roof designed in such a way that rainwater naturally drips from its eaves onto a narrow alleyway owned by the adjacent property. A new owner of the adjacent property decides to build a small shop in the alley and wants to stop the dripping water. If a stillicidium servitude had been established through long-standing custom or formal agreement, the owner of the insula would have the legal right to continue allowing the water to drip, and the new owner of the alley would have to build around this existing right. This demonstrates stillicidium as an established right or easement.
• Example 3: Distinction from Channeled Water
  Consider two Roman properties. On one, the owner has installed a terracotta gutter system along the edge of their roof that collects rainwater and channels it into a specific drain on their own property. This is not stillicidium, as the water is directed. On the other hand, a different property owner has a simple roof edge from which rainwater falls freely, drop by drop, onto their neighbor's land. This free-falling, unchanneled water discharge is precisely what stillicidium addresses. This example highlights the specific nature of stillicidium as pertaining to natural, unchanneled dripping, distinguishing it from other forms of water discharge.