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Torah & Horaah — Eikev 5784

Выпуск: Torah & Horaah — Eikev 5784. Темы: не определены автоматически. D iN our site: WWW.dinonline.org.il THE TORAH& INTETNATIONAL BEIS HORAA The Institute for Dayanim HORAAH And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Eikev 5784 300  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Built for his Neighbor to Avoid Suffering Damage from his Neighbor's Property Question When our building was built each apartment was given an open porch where the owner could build a succa. Once one neighbor B's roof, B may not build on his roof establishes a right, the owner of the property unless he makes an arrangement that will allow cannot do anything to hinder the owner of the A to continue draining his rainwater onto his right from fully utilizing his right. 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org There is a major dispute among the Rishonim Ramo that we cited previously, that a neighbor whether one must get express permission from could not build on his roof unless he found his neighbor in order to establish this right. Since the problem is exclusively this is the ruling of the SA (153, 2) – is that if A yours, you cannot force your neighbor to merely starting using B's property in a manner participate in the cost of covering his balcony, that was clearly noticeable to B and B did not since it is you, and not he who needs it. when he builds, he is benefiting from your roof Furthermore, according to this opinion it takes without causing you any (new) expense, what three years of use in order to for A to establish is called in the Gemara (e.g., BK 20B) ze nehene that B granted him express permission to use veze lo choseir. to find alternative means of disposal after it The Mishna rules that if at some later date, B began damaging you, just like the ruling of the decides to build on his property and wishes to 2 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org rest his ceiling beams on the dividing wall, he to become your partner, he will have to pay you must pay A for using his extension. If we follow The case in the Gemara where this issue is any of these approaches your neighbor will be addressed is where A had a large field and B required to reimburse you if he encloses his had a small field that was entire

Издание

Torah & Horaah

Дата

23 августа 2024 г.

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3