Related for Bava Metzia 201:6
ולימא ליה אי את נטעת בתוך שלש לא הוה אכלת השתא קא אכלת פלגא בהדאי משום דאמר ליה אי אנא נטעי הוה קטיני וזרענא תחותייהו סילקא וירקא
But let him answer: 'Had you planted them, you could not have enjoyed anything at all within three years, whereas as it is, you share half with me!' — Because he can retort, 'Had I planted, they would have been small, and I could have sown beets and vegetables under them.'<span class="x" onmousemove="('comment',' 'But with your olive trees being large, with spreading roots, I lost the entire use of the soil.' ');"><sup>6</sup></span>
Tosefta Ketubot
One who takes possession of his fellow's ruin and builds it without permission, when he goes out and says, "Give me my wood and my stone!", they don't listen to him. (The following is defective in the printed edition, translating from the Ehrfurt manuscript:) Rabban Shimon ben Gamliel says: Beit Shammai say: He is allowed to do this; Beit Hillel say: They don't listen to him. One who takes possession of his fellow's ruin and builds it without permission, they evaluate for him and he has the lower hand. With permission, they evaluate for him and he has the upper hand. In what way does he have the lower hand? If the profit is more than the expenses, he pays him the expenses; but if the expenses are more than the profit, he pays him the profit.
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Tosefta Ketubot
One who takes possession of his fellow's ruin and builds it without permission, when he goes out and says, "Give me my wood and my stone!", they don't listen to him. (The following is defective in the printed edition, translating from the Ehrfurt manuscript:) Rabban Shimon ben Gamliel says: Beit Shammai say: He is allowed to do this; Beit Hillel say: They don't listen to him. One who takes possession of his fellow's ruin and builds it without permission, they evaluate for him and he has the lower hand. With permission, they evaluate for him and he has the upper hand. In what way does he have the lower hand? If the profit is more than the expenses, he pays him the expenses; but if the expenses are more than the profit, he pays him the profit.
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