Talmud Bavli
Talmud Bavli

Commentary for Bava Batra 55:1

מתני׳ <big><strong>חזקת</strong></big> הבתים והבורות והשיחין והמערות והשובכות והמרחצאות ובית הבדין ובית השלחין והעבדים וכל שהוא עושה פירות תדיר חזקתן שלש שנים מיום ליום

<b><i>MISHNAH</i></b>. A PRESUMPTIVE TITLE<span class="x" onmousemove="('comment',' Heb. hazakah, [H], which combines the meanings of 'holding' or 'occupation', and 'presumed ownership'. What is meant is a title not supported by documents or witnesses, but based on the mere fact of possession. The English legal term Is usucaption'. ');"><sup>1</sup></span> TO HOUSES, PITS, DITCHES AND CAVES, DOVECOTES, BATHS, OLIVE PRESSES, IRRIGATED FIELDS, SLAVES, AND ANYTHING WHICH IS CONTINUALLY PRODUCING<span class="x" onmousemove="('comment',' Lit., 'yielding fruits'. ');"><sup>2</sup></span> IS CONFERRED BY THREE YEARS [UNCHALLENGED POSSESSION]<span class="x" onmousemove="('comment',' As will be seen later, such possession creates a presumption of ownership only if the possessor pleads at the same time that he came by the object in a lawful manner, e.g., by purchase or gift. If he does not advance this plea, the fact of his years' possession has no legal value. ');"><sup>3</sup></span>

Rashi on Bava Batra

Mishna House of Throwing (irrigated) - Because of the water spring in it (the field) it is watered from it (the spring) continiously (and) it makes fruits continiously, and all thing that does fruits continiously their chazaka (pressumption of ownership, power over, hold) is 3 years from one day to the next, if the presummed has 3 complete years he does not need to bring a document of purchase (proof of purchase), and if a complaint against him (is raised) by the first owners and this one says i bought it (from them) and lost my proof of purchase his chazaka works for him, and without it his chazaka (him holding the property) doesnt work due to that when they said three years for chazaka (is meant to say) all that is proper to take out from it (the use of the land) in (during) three years is what they said (meant. So whatever would be equivellent to three years of produce).
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