Saturday, October 17, 2009

Bava Batra 57 - Activities that Establish Presumption of Ownership (Civil)

These activities do not establish chazakah: if a person would place an animal in a courtyard belonging to someone else; if he would place an oven, millstones, or a stove in the courtyard; if he would raise a chicken or deposit his manure there. The property owner can claim that he saw no harm in allowing these items to remain.

But if the user made a partition for his animals ten hand-breadths high, or he erected such a partition for an oven, stove or millstone; if he brought his chicken into the owner's house, or if he made for his manure in the courtyard a place either three hand-breadths deep or three hand-breadths high – this is a chazakah. If the owner did not protest these uses of his property for three years, it supports the user's claim that he acquired the right to use the purposes for those purposes.

Art: Feeding the Chickens by Alexandre Defaux

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