Responsa for Bava Batra 71:5
ואמר רב יהודה אכלה ערלה אינה חזקה תניא נמי הכי אכלה ערלה שביעית וכלאים אינה חזקה
this does not confer <i>hazakah</i>. R. Joseph said: If he takes from the field immature produce,<span class="x" onmousemove="('comment',' To feed cattle with. ');"><sup>8</sup></span> this does not confer <i>hazakah</i>.<span class="x" onmousemove="('comment',' Because by such a proceeding the occupier seemed to show that he was conscious that the field did not belong to him, and therefore the owner would not trouble to protest. ');"><sup>9</sup></span>
Teshuvot Maharam
Q. B bought property from a Gentile which bordered on A's property. Before paying for it, B, to acquire possession, did some digging in the Gentile's yard in the presence of witnesses. After B did so, but before he had paid the money to the Gentile, A constructed apertures for windows in his wall facing the property. Did A acquire rights to window lights?
A. In city property digging is not considered a valid act of possession. Likewise A did not acquire any rights to window lights since a Gentile does not renounce his rights to his property before he receives the money, and the Gentile's property was, therefore, not (res nullis) ownerless. However, before paying money to the Gentile, let B perform a valid act of possession (such as locking a door, fixing or breaking part of the fence, etc.); otherwise A will acquire rights to window lights during the interval between the paying of the money and B's taking formal possession, since during such interval the Gentile's property will be res nullis.
SOURCES: Cr. 63–64; Pr. 28–29; L. 338; Mord. ibid.
A. In city property digging is not considered a valid act of possession. Likewise A did not acquire any rights to window lights since a Gentile does not renounce his rights to his property before he receives the money, and the Gentile's property was, therefore, not (res nullis) ownerless. However, before paying money to the Gentile, let B perform a valid act of possession (such as locking a door, fixing or breaking part of the fence, etc.); otherwise A will acquire rights to window lights during the interval between the paying of the money and B's taking formal possession, since during such interval the Gentile's property will be res nullis.
SOURCES: Cr. 63–64; Pr. 28–29; L. 338; Mord. ibid.
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