Translation:Shulchan Aruch/Choshen Mishpat/167

From Wikisource
Jump to navigation Jump to search

Paragraph 1- If there were two gardens, one on top of the other, and herbs between them in the walls of the earth between the two gardens, anything that the upper owner can stick out his hand and take from its root would belong to him, so long as he does not over-stretch. Everything else belongs to the lower owner. If the upper owner’s hand can reach below, anything within three tefachim of the lower ground would belong to the lower owner. If his hand reached the branch but not the root, the upper owner cannot take it. If he took it we would not remove it from him.

Paragraph 2- If a tree is standing on the border of two properties, the parties would divide the fruits, even if it is leaning into one of the properties. If the tree was standing in one of their fields and leaning into another field, however, the location of the root would be the determining factor, and everything would belong to the owner of that location.