Responsa for Bava Batra 116:4
<big><strong>מתני׳</strong></big> המרזב אין לו חזקה ויש למקומו חזקה המזחילה יש לה חזקה
there was an inscription, <i>Anpak, anbag, antal</i>.<span class="x" onmousemove="('comment',' According to Rashb., there were three alternative names for a certain measure of capacity. According to Tosaf. anpak. and anbag were the names of a certain medicine of which the proper draught was an antal. ');"><sup>3</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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