Responsa על בבא בתרא 119:9
Teshuvot Maharam
Q. B's building was contiguous to A's property. The foundation of this building extended two hand-breadths beyond the wall itself. B wanted to build another wall in line with the edge of this foundation, the wall to extend two hand-breadths beyond the existing wall. A protested vigorously claiming that B's property ended at the edge of the wall of the building mentioned above, and that the foundation of such building extended two hand-breadths in his (A's) property.
A. Since B was in undisturbed possession of the width of the foundation, he was thus in possession of the disputed two hand-breadths of ground along the whole length of the property, and upwards reaching into the sky. Therefore, if B will take an oath to the effect that he did not remove his neighbor's landmark [when the foundation was built], the disputed two hand-breadths of ground will belong to him. Although according to Biblical law no oath is administered in disputes involving real property, such an oath is required by Rabbinic enactment.
SOURCES: Cr. 239; Am II, 184; Mord. B. B. 558; Agudah B. B. 109.
A. Since B was in undisturbed possession of the width of the foundation, he was thus in possession of the disputed two hand-breadths of ground along the whole length of the property, and upwards reaching into the sky. Therefore, if B will take an oath to the effect that he did not remove his neighbor's landmark [when the foundation was built], the disputed two hand-breadths of ground will belong to him. Although according to Biblical law no oath is administered in disputes involving real property, such an oath is required by Rabbinic enactment.
SOURCES: Cr. 239; Am II, 184; Mord. B. B. 558; Agudah B. B. 109.
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