Bava Batra 41 – Presumption of Ownership Must Be Accompanied by a Claim (Civil)

Any chazakah not accompanied by a claim is not a meaningful chazakah and does not entitle the occupant to keep the property. How so?

If the previous owner said to the occupant, "What are you doing on my property?" - and the occupant replied, "I am here because nobody ever said anything to me," - his chazakah is not meaningful, and he must vacate the property.

If, however, the occupant replied, "You sold this land to me," "You gave it to me as a gift," "Your father sold it to me," or "Your father gave it to me as a gift," - it is a meaningful chazakah, and the occupant keeps the property. One who comes into a property by inheritance does not require a supporting claim.

Art: A Notty Question by Louis Charles Miller