Talmud for Bava Batra 199:7
אמר ר' אלעזר מ"ט דר' אליעזר דכתיב (בראשית יג, יז) קום התהלך בארץ לארכה ולרחבה כי לך אתננה ורבנן התם משום חביבותא דאברהם הוא דקאמר ליה הכי כדי שיהא נוח לכבוש לפני בניו
must not be destroyed.<span class="x" onmousemove="('comment',' B.K. 28a; supra 12a; 26b; 60b. If the owner of the land had raised no objection at the time possession was taken by the public. How much less may the path be abolished when, as in our Mishnah, the public had taken possession with the owner's full consent ');"><sup>13</sup></span> Whereby does the public acquire possession [of the path, according to] R. Eliezer?<span class="x" onmousemove="('comment',' Since R. Eliezer does not speak of taking possession', but of 'choosing'. ');"><sup>14</sup></span>
Jerusalem Talmud Kiddushin
This does not follow Rebbi Eliezer, for Rebbi Eliezer said that walking acquires, as it was stated: 344Babli Baba batra 100a. One assumes either that the field is ownerless or that the acquirer has a claim of possession that would give him squatter’s rights; cf. Ketubot 5:5, Note 100.
In R. Eliezer’s opinion, the rules of acquisition of a Canaanite slave are not identical with those for real estate; he will reject deriving legal rules from a verse in the Prophets. If one walked across a field in length and breadth, he acquired up to the place he walked to, the words of Rebbi Eliezer. But the Sages say that he did not acquire up to the moment he acted in possession345He performed some agricultural work on the property.. Everybody agrees that if somebody sells a path to another, when the latter went, he acquired. What is the reason? “Arise, walk in the Land in length and breadth, for I shall give it to you.346Gen. 13:17.”
In R. Eliezer’s opinion, the rules of acquisition of a Canaanite slave are not identical with those for real estate; he will reject deriving legal rules from a verse in the Prophets. If one walked across a field in length and breadth, he acquired up to the place he walked to, the words of Rebbi Eliezer. But the Sages say that he did not acquire up to the moment he acted in possession345He performed some agricultural work on the property.. Everybody agrees that if somebody sells a path to another, when the latter went, he acquired. What is the reason? “Arise, walk in the Land in length and breadth, for I shall give it to you.346Gen. 13:17.”
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