Responsa for Bava Metzia 234:1
<big><strong>גמ׳</strong></big> אמר ר' יוחנן בשלשה מקומות שנה לנו רבי יהודה אסור לאדם שיהנה מממון חבירו חדא הא דתנן
<b><i>GEMARA</i></b>. R. Johanan said: In three places has R. Judah taught us that one may not benefit from his neighbour's property. One, what we learnt [in the Mishnah]. What is the second? — We learnt: If one gives a dyer wool to be dyed red, but he dyed it black, or to dye it black and he dyed it red; R. Meir said: He [the dyer] must pay him for the wool.<span class="x" onmousemove="('comment',' I.e., the wool becomes the dyer's, and he must pay the original owner for it. ');"><sup>1</sup></span>
Teshuvot Maharam
Q. When the brothers A, B, and C divided among themselves the house they formerly held in common, a certain wall upon which heavy beams were resting crosswise, fell to A's portion. These beams extended beyond the wall into B's and C's portions on one side, and into A's portion on the other side. A cut off those parts of the beams which extended into his rooms. B and C objected to this act on A's part.
A. Those parts of the beams which extended into A's portion belonged to him exclusively, and he had a right to cut them off, especially since the intervening wall belonged to him. Although the act of sawing and chopping weakened B's and C's structures, since the extension of the beams into A's room served no useful purpose to B and C, and because of their unnecessary weight were even detrimental, A had a right to cut them off. In any event, B and C are not entitled to any compensation for their loss, now that the act has been done.
SOURCES: Am II, 198.
A. Those parts of the beams which extended into A's portion belonged to him exclusively, and he had a right to cut them off, especially since the intervening wall belonged to him. Although the act of sawing and chopping weakened B's and C's structures, since the extension of the beams into A's room served no useful purpose to B and C, and because of their unnecessary weight were even detrimental, A had a right to cut them off. In any event, B and C are not entitled to any compensation for their loss, now that the act has been done.
SOURCES: Am II, 198.
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