Commentary for Bava Batra 81:10

רב כהנא שקל בידקא בארעיה אזל הדר גודא בארעא דלא דידיה

(Mnemonic 'ANaB.<span class="x" onmousemove="('comment',' [The meaning of this mnemonic is obscure. V. Brull, J. Die Mnemotechnik des Talmuds, 40, and D.S. a.l. for attempted interpretations.] ');">⁹</span> ) R.'Anan's<span class="x" onmousemove="('comment',' Var. lec. 'Hanan'. ');">¹⁰</span> field was flooded through the bursting of a dam.<span class="x" onmousemove="('comment',' And the boundary marks were obliterated. ');">¹¹</span> He afterwards went and restored the fence, [which, however, he built] on land belonging to his neighbour. The latter [on discovering this] sued him before R. Nahman. He said to him: 'You must restore the land.' 'But,' he rejoined, 'I have become the owner of it by occupation?'<span class="x" onmousemove="('comment',' Because the owner has allowed me to remain in possession of it a certain time without protest. ');">¹²</span> — Said R. Nahman to him: 'On whose authority [do you rely]? On that of R. Ishmael and R. Judah, who both lay down that [if the occupation takes place] in presence of the owner [without protest], it constitutes a title at once. The law however, is not in accordance with their ruling.'<span class="x" onmousemove="('comment',' But that of the Rabbis, who say that three years occupation is required to confer a title. ');">¹³</span> R. 'Anan thereupon said: 'But this man has tacitly waived his right because he came and helped me to build the fence?' R. Nahman replied: 'This was a waiver given in error. You yourself, had you known that the land was his, would not have built the fence on it. Just as you did not know, so he also did not know.' R. Kahana's land was flooded through the bursting of a dam. He afterwards went and built a new fence on land which did not belong to him.

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