With these things chazakah obtains [If he "held" his neighbor's field in regard to them, it is a chazakah], and with these things, chazakah does not obtain: If he kept in the courtyard a beast, an oven, a stove, a mill; if he raised chickens there or placed his fertilizer there, it is not a chazakah. [This tanna is speaking of a courtyard of partners, where they do not object to (the other's) keeping a beast or the like. For this reason, it is not a chazakah even if one held it for this purpose for three years.] But if he made a partition for his beast ten handbreadths high, and so for an oven, and so for a mill; and if he brought chickens into his (neighbor's) house, or made a place for his fertilizer three (handbreadths) deep or three (handbreadths) high, it is a chazakah. [For in such an instance one would certainly object, so that if he remained silent for three years and did not protest, it is certainly a chazakah. Maimonides explains that with a partner, who objects to the erecting of a partition, if his partner made a partition and he did not object, it is a chazakah immediately. But with one in general (i.e., not a partner), even if he made a partition and the other did not protest, it is not a chazakah until after three years.]
Bartenura on Mishnah Bava Batra
שיש להם חזקה – if he had taken possession of his fellow land for this purpose for three years, it is considered possession.
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English Explanation of Mishnah Bava Batra
Introduction
The mishnah which we will learn today continue to deal with establishing ownership by possession (chazakah), the subject of the entire third chapter. Our mishnah teach the types of activities which if done for three consecutive years without the protest of the owner of the land, house or courtyard or courtyard, may continue to be done afterwards, even if the owner were to protest. For instance if Reuven does a certain activity on Shimon’s property for three years and Shimon does not protest, he cannot do so at a later date.
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Bartenura on Mishnah Bava Batra
היה מעמיד במהתו בחצר – this Tanna/teacher is speaking of a jointly owned courtyard, where they are not strict with each other concerning keeping cattle [in the courtyard] and other similar things. And because of this, it is not considered a presumption of possession even though he had possessed that thing for three years.
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English Explanation of Mishnah Bava Batra
What are usages which are effective in establishing title through possession and what are usages which are not effecting in establishing title through possession? If a man put a beast in a courtyard, or an oven or stoves or mill-stones, or reared fowl [in a courtyard] or put his manure in a courtyard, this is not effective in establishing title through possession. But if he built for his beast a partition ten hand-breadths high, so too for an oven, so too for a stove, so too for a mill-stone, [or] he brought fowl inside the house, or prepared for his manure a place three hand-breadths deep or three hand-breadths high, this is effective in establishing title through possession. Our mishnah lists certain type of acts which if done on another person’s property for three consecutive years, acquire automatic subsequent permission to continue to do the activity. In other words, after three years there is an assumption that the owner of the property does not mind the other person doing these activities, and he therefore loses his right to subsequently protest. In section 1a we learn that placing an animal or other object in another’s courtyard will not cause entitlement to do so. For instance if Reuven were to use Shimon’s courtyard for three years as a place for his animal and Shimon were not to protest, Shimon would still retain the right to protest later. In section 1b we learn that if Reuven had built a structure on the property of Shimon, and Shimon had not protested for three years, Shimon now loses the right to protest. We assume that if Reuven used the property for such a long time in such a substantial manner, than it is does not bother Shimon and he cannot later change his mind.
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Bartenura on Mishnah Bava Batra
אבל אם עשה מחיצה וכו' – for in such a manner, he is definitely strict. If he had been silent about this for three years and didn’t protest, it is considered possession. But Rabbi Moshe ben Maimonuni commented that a joint owner who is strict about making a partition and no one protested immediately is considered possession. But even though he made a partition, as a mere individual and no one protested, it is not considered possession until after three years.
