Responsa for Bava Batra 34:6
איכא דאמרי בשדה שאינה עשויה לבורות דברי הכל סומך כי פליגי בשדה העשויה לבורות אביי אמר סומך אפילו לרבנן דאמרי מרחיקין את האילן מן הבור עשרים וחמש אמה התם הוא דבעידנא דקא נטע איתא לבור אבל הכא בעידנא דקא חפר ליתא לבור
for they only rule this because at the time of planting the pit already exists, but here when the man comes to dig the pit there is no pit on the other side. Raba on the other hand says that he may not dig, and would not be allowed to dig even by R. Jose. who laid down that [in all circumstances] the one owner can plant within his property and the other dig within his;<span class="x" onmousemove="('comment',' Lest the roots spread and injure the pit, v. infra 25a. ');"><sup>4</sup></span>
Teshuvot Maharam
Q. B constructed a stone duct near A's wooden house. A objected and B made a written promise to compensate him for any damage the duct might cause to his house. A now demands that B remove his duct because it occasionally permits water and sewage to flow into his house, and he objects to being forced to sue for damages every time it occurs. B claims that water flows into A's house only when the duct breaks. He promises to keep the duct in good condition, but refuses to remove it.
A. B must remove his duct from A's wall for a distance of 3 tefahim (hand-breadths). If the water should, nevertheless, continue to flow into A's house, it is for A to protect his wall by whatever means he sees fit, but he can demand nothing of B.
SOURCES: Cr. 3, 4; Pr. 92; L. 357; Mord. B. B. 520.
A. B must remove his duct from A's wall for a distance of 3 tefahim (hand-breadths). If the water should, nevertheless, continue to flow into A's house, it is for A to protect his wall by whatever means he sees fit, but he can demand nothing of B.
SOURCES: Cr. 3, 4; Pr. 92; L. 357; Mord. B. B. 520.
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