Bava Batra 52 – Two Meanings of Chazakah

The chazakah, or presumption of ownership, discussed so far, had a challenge against it. For example, a case where a seller, that is, the previous owner claims “I did not sell the land,” and the purchaser, that is, the occupant, claims, “I purchased it” - this is the chazakah of proving title, which requires three years to take effect.

But regarding a chazakah against which there is no challenge, for example, one who gives a gift, or two brothers who divide an estate – where the purpose of chazakah is merely to acquire the property in question – if one locked, fenced, or breached the property even to a minor extent – this is considered chazakah.