Privacy walls, Part III

Hi,

Because we obligate both neighbors to build a privacy wall, the default assumption regarding any such wall is that it belongs to both of them. Therefore, should such a wall collapse the materials would be property of the neighbors equally, unless one can prove that they are his.

(Shulchan Aruch Choshen Mishpat 157:5)

Have a great day,
Mordechai

Privacy walls, Part II

Hi,

We have said that if partners split a property, each side is obligated to contribute toward a privacy wall.

The wall should be built to the standard specifications for such walls, based on local custom, so long as it will prevent each side from seeing into the other's property in the course of normal use of the property. Each side contributes equally of his space, as well as of funds, for construction of the wall.

(Shulchan Aruch Choshen Mishpat 157:3-4)

Have a great day,
Mordechai

Privacy walls

Hi,

If partners split a property and neither partner requests a privacy wall, and then one of them requests it some time later, the other partner must cooperate. This is true even if local custom does not require such a wall.

(Shulchan Aruch Choshen Mishpat 157:1)

Have a great day,
Mordechai

Good fences make good neighbors

Hi,

If partners own a piece of land, and decide to divide it up, and there is sufficient land for each partner to receive a usable space, then each partner is obligated to accede to the other's request to build a privacy wall between their properties. This is true even if the request is not made at the time of the division, but only subsequently.

More on this in coming posts...

(Shulchan Aruch Choshen Mishpat 157:1)

Have a great day,
Mordechai

Cutting back a neighbor's nuisance

Hi,

If a neighbor's branch overhangs one's property, one may cut back any branch which impedes normal use of his property. One may not cut past the property line, though.

(Code of Jewish Law Choshen Mishpat 155:26)

Have a great day,
Mordechai

Don't be a nuisance

Hi,

If the noise and vibration of one's gardening work causes physical damage to one's neighbor's property, one must distance his work from that neighbor's property, and one is liable to pay for damages.

The same rule applies if one's work makes it physically impossible for his neighbor to do his own work, in his own property. One must even distance himself if his work is simply causing a headache for the neighbor.

(Code of Jewish Law Choshen Mishpat 155:15)

Have a great day,
Mordechai

Planting near a wall

Hi,

One should distance his plants from his neighbor's wall, to prevent causing harm to that wall. The default assumption is that a distance of 11 inches is safe.


(Code of Jewish Law Choshen Mishpat 155:5; Me'irat Einayim 155:19)

Have a great day,
Mordechai

My neighbor's roots

Hi,

If I am digging a hole in my property and I encounter roots from my neighbor's tree, I am entitled to cut those roots. If the roots are within 16 cubits (about 29 feet) of my neighbor's tree, I must give him the pieces of the roots, for they are considered a part of his tree; otherwise, I may take the wood.

(Code of Jewish Law Choshen Mishpat 155:30; Me'irat Einayim 155:68)

Have a great day,
Mordechai