Bava Batra 50 - No Chazakah for Damages


One cannot establish a chazakah in the property of a married woman. If someone occupies her property for three years without her protest, she can say that she expected her husband to protest, so her absence of protest is of no consequence. She does not have to protest her husband's use of her land either. However, if her husband ruins her field with ditches - she has to protest, for otherwise her absence of protest will be interpreted as an admission that he had bought the land.

In general, however, one can't establish the right to damaging behavior. For example, if one installs a kiln that emits heavy smoke, he cannot claim to have established a chazakah. The neighbor can protest and block this after any period of time. The same applies to an outhouse, if its odor disturbs the neighbor.