Bava Batra 57 - Activities that Establish Presumption of Ownership


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 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.