Tuesday, August 11, 2009

Bava Metzia 108 – The Right of the Adjoining Property Holder (Finds)

An immediate neighbor of a property has the right to first purchase it. An outsider who wants to buy a field can easily find another one, but a neighbor gains significantly from being able to buy an adjoining field. This rule is based on "You shall do what is right and good in the eyes of God," which commands one to go beyond the letter of the law.

If one wants to buy a field and inquires of the neighbor of that field if he can do it, and the neighbor allows it, a formal act of acquisition is still required, or else the neighbor can later claim that had he come to buy the land, he would be asked a higher price, but that he never meant to relinquish his right.

Art: A Village Landscape With Farmers by Pieter The Younger Brueghel

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