Tuesday, December 22, 2009

Splitting a shared garden


Partners who decide to separate their shares in a garden, such that each will now plant within a separate property, are obligated to contribute toward the establishment of fences between the areas.

However: If the local practice is not to have fences, then one party - or even the majority of the parties - cannot force the others to participate in establishing fences.

(Code of Jewish Law Choshen Mishpat 158:1; Sefer Me'irat Einayim 158:2)

Have a great day,

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