Translation:Shulchan Aruch/Choshen Mishpat/417

Paragraph 1- One may not move stones from his domain to the public domain. One may not make an airspace, pits, ditches or caves under the public domain, even if a wagon can go on top loaded with stones, because it may open up underneath without his knowledge. There are those who say that although this is the law, people already have the custom to make pipes and cellars underneath the airspace of the public domain. Similarly, they have the custom to make projections and everyone waives their rights on this given that it is already the custom, and also because the public domain belongs to the rulers of the city and we follow them for whatever they give permission for, which is what the custom is based on. If one digs a pit for the needs of the public, that is permissible.

Paragraph 2- One many not extend projections or balconies into the public domain unless it was above the amount needed for a camel and its rider to pass, and so long that is does not darken the path in the public domain. If he wants, he may bring in his own property and then extend. If he brought in but did not extend, he can extend whenever he wants, but he can no longer return the walls to their original place because one is prohibited from ruining any border that the public has taken possession of. This is only where many people walk there. If many people do not walk there, however, such as where he built a platform, although the public passes their loads through there, he may return the wall to its place.

Paragraph 3- If one purchased a courtyard that had projections and balconies protruding into the public domain, the courtyard retains the presumption that it is permitted. If they fall, he may rebuild it to what it was.

Paragraph 4- If a tree extends into the public domain, one may cut to allow for a camel with its rider to pass through, and leaving an open space wide enough to allow for two boat-pullers to go down there and pull the boat. Any tree found in this area may be cut immediately and we would not warn the owner because he is interfering with the boat-pullers.

Paragraph 5- One cannot soak clay in the public domain to keep it there for long time. One may not mold bricks in the public domain. One may knead clay for the sake of building, however, but not to create bricks.

Paragraph 6- If one builds in the public domain, when he is hitting the stones, he must not leave them around. Rather, he must bring them and build immediately.

Paragraph 7- In all these cases, if damaged occurred, the owner would be liable for the full damage.