[001] and is taken to use in the name of the church though he does not put in a beast; and [002] [if], when he wishes to do so, he is hindered, he will recover his seisin and the estate [003] of his predecessor by an assise of novel disseisin.1 If during vacancy, before he is [004] instituted, it loses possession, let a writ for recovering seisin then be drawn in the [005] name of his church, which his predecessor had on the day he died. But what if before [006] the death of the rector who died the church has been disseised? The [new] rector must [007] then be aided by a writ of entry, as in other disseisins, though he cannot be called heir [008] but successor. These rules are not to be observed in the case of those who succeed by [009] hereditary right, because it is an hereditas iacens until taken up by the heir. But [010] when he has taken it up, his position will be as above, because the right of pasturing [011] inheres in the inheritance, as above.>
How mutual agreement is dissolved by the expression of a contrary intention and disagreement.
[013] We must note among other things that just as a servitude is established in another's [014] property by the mutual agreement of the contracting parties, by common consent, [015] so it may be completely extinguished by a contrary mutual agreement, by common [016] dissent.2 Common dissent, I say; for it does not suffice if only one party dissents, not [017] unless both do so. It may be extinguished completely by common dissent and turned [018] into a use of another kind by another consent, whether that be between parceners [019] and heirs, or neighbours, the several owners of a tenement or strangers who claim [020] nothing but common in a tenement, as where it is agreed that a tenement which [021] formerly was common be divided among the parties in shares, so that what was [022] common now be the separate property of each according to his share,3 according as [023] that is great4 or small. When they have once consented they may not withdraw their [024] consent. The constitution of a servitude may sometimes be limited and restricted, [025] as where it is first constituted over the whole and throughout, it may be restricted to a [026] certain place,5[changed, as where what was in one place certain is changed to another [027] place certain,] or what was formerly unlimited in number, restricted to a certain [028] number, [or] what was granted for beasts of all kinds, limited to a certain kind, [029] [or] what was granted at all times, restricted to a certain time,6 provided it is done [030] by the agreement of the contracting parties. In the same way all the aforesaid may be [031] increased and enlarged, but not without the consent of the contracting parties, for [032] if so an