Translation:Shulchan Aruch/Choshen Mishpat/160

Paragraph 1- If one has a roof adjacent to another’s courtyard, the roof-owner is damaging the courtyard-owner while the courtyard-owner is not damaging the roof-owner. Therefore the roof-owner is required to make a partition of four amos between them in order to remove the damage. The courtyard-owner is only required to assist him for his share of a ten-tefachim partition in order that he be viewed as a thief if he enters the other’s property. If the floor of the courtyard was higher than the roof, the roof-owner must build below on his property until the fence is four amos higher than the floor of the courtyard in order to remove him damage. Even if the roof was four amos lower than the courtyard there are those who say there is still a damage-by-sight from the roof the courtyard and the roof-owner would be required to build a partition four amos from the floor of the courtyard. There are others who say that because the roof is four amos lower than the courtyard there is no longer any damage-by-sight and he would not be required to build anything.

Paragraph 2- If the roof was lower than the courtyard, there are those who say that the higher owner does not have to assist the lower owner at all, while others say that this is only true where the courtyard is 10 tefachim higher than the courtyard, but if it is less than 10 tefachim the roof-owner would be required to build until the floor of the courtyard. We would then view how much is missing to complete a height of 10, and the roof-owner would give half of that to the courtyard owner.

Paragraph 3- If there were two courtyards and one was higher than the other, the higher owner must assist the lower owner to build below and the lower owner must assist the higher owner until the partition is four amos above the floor of the higher courtyard. Therefore, they would take dirt from the ground of the courtyard equal to half the thickness of the wall and build a wall on both their grounds until it was four amos above the higher courtyard. If the upper courtyard was very high or if the lower one was not wide enough to gaze far from and it is possible to remove the damage-by-sight with a small wall, a partition that is evident to others as removing the ability to damage by sight would suffice.