Related for Bava Batra 104:10
תני רב הושעיא בקדושין דבי לוי נעל גדר פרץ כל שהוא בפניו הרי זו חזקה בפניו אין שלא בפניו לא אמר רבא הכי קאמר בפניו לא צריך למימר ליה לך חזק וקני
not occupiers? — There is a lacuna [in the Mishnah], and it should read as follows: This rule [of three years] applies only to occupation which requires to be supported by a plea, as for Instance if the seller says, I did not sell it, in which case the other has to plead, I did buy it.<span class="x" onmousemove="('comment',' And without this plea his three years' occupation is of no avail. ');"><sup>9</sup></span> But where the occupation needs no plea to support it, as for instance in the case of the recipient of a gift or brothers dividing [an inheritance] or one who seizes the property of a proselyte where nothing more is required than to establish ownership<span class="x" onmousemove="('comment',' I.e., there is no need to hand over money. ');"><sup>10</sup></span> — IF HE DOES ANYTHING AT ALL IN THE WAY OF SETTING UP A DOOR OR MAKING A FENCE OR AN OPENING, THIS CONSTITUTES A TITLE OF OWNERSHIP. R. Hoshaia learned in the [Tractate] <i>Kiddushin</i> edited in the school of Levi:<span class="x" onmousemove="('comment',' Levi also drew up a Tosefta like R. Hiyya and R. Oshiah (Rashb.). [V. however, Halevy, Doroth II, 595.] ');"><sup>11</sup></span> If he [the buyer] does anything at all in the way of setting up a door or making a fence or an opening in his [the seller's] presence, this constitutes a title of ownership. Are we to suppose that this is only [the case if the act is done] in the seller's presence, and not otherwise? — Raba replied: The meaning is this. [If the act is done] in his presence, he has no need to say [to the buyer], Go, occupy and acquire ownership;<span class="x" onmousemove="('comment',' I.e., the transaction is complete without this. ');"><sup>12</sup></span>
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