Bava Batra 3 – Visual Trespass is Actionable in Court (Civil)

Contrary to the conclusion reached before, now we have decided that visual trespass is damaging. In the case of two partners who agreed to make a partition in their jointly owned courtyard, the “partition” is understood as a division, not a wall.

Now, the case reads as follows. Once they agreed to divide the yard, even though they did not stipulate to build the wall, they must make a stone wall against the objections of either party. This is true even if they have not agreed to divide since any one of them can separate at will. However, the previous ruling deals with a tiny yard of less than 8 by 4 amot (about 16 by 8 feet), which is only divisible if they agree to divide it.

Art: Landscape with Crumbling Wall by Caspar David Friedrich