Bava Batra 42 - Rules of Chazakah (Civil)

Suppose three people owned a field in succession, each one for a year. In that case, they combine to establish a chazakah against the original owner, provided their purchases were recorded in deeds. The original owner can't claim that the quick succession of owners was proof of their illegitimate occupancy without him needing to protest. Instead, the public knowledge of their sales should have caused his protest.

Some people have legitimate access to other people's property, so they can never establish chazakah, even if they have the movables in their possession or if they occupy the real property. Thus, craftsmen, sharecroppers, and property administrators cannot establish a chazakah. Similarly, a husband cannot establish a chazakah on his wife's property, nor can a wife establish a chazakah on her husband's property, a father on his son's property, or a son on his father's property.

Art: Aline Charigot and Renoir by August Renoir


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