פירוש על קידושין 51:10
Daf Shevui to Kiddushin
The Talmud cites two sources which note that land is acquired by dwelling on it. These verses refer to land seized in war, and thus the land is considered unowned. Israelites take possession of the land (meaning individual possession) by living there.
I want to emphasize that acquisition by “hazakah” does not mean I can take your land just by squatting on it. Elsewhere we learn that to possess land by hazakah one must also claim that he bought it but lost the documentation. Hazakah creates a presumption of ownership. If you live on land for three years and I do not protest, I cannot come later and say that the land is mine. And if I sell you land, and you go and dwell on it, its yours even if you have not yet paid for it. But no one thinks that you can buy land by simply dwelling on it.
I want to emphasize that acquisition by “hazakah” does not mean I can take your land just by squatting on it. Elsewhere we learn that to possess land by hazakah one must also claim that he bought it but lost the documentation. Hazakah creates a presumption of ownership. If you live on land for three years and I do not protest, I cannot come later and say that the land is mine. And if I sell you land, and you go and dwell on it, its yours even if you have not yet paid for it. But no one thinks that you can buy land by simply dwelling on it.
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