Baba Basra 1:1-2

Baba Basra 1:1

If the joint owners of a courtyard want to erect a partition, they build a wall in the middle. In a place where the accepted practice is to use rough stones, smoothed stones, half-bricks or whole bricks, they use whatever is locally accepted. When using rough stones, each party contributes three handbreadths’ worth (about 9”). When using smoothed stones, each party contributes 2.5 handbreadths (about 7.5 inches). With half-bricks, each party contributes two handbreadths (about six inches). With whole bricks, each party contributes 1.5 handbreadths (about 4.5 inches). Therefore, if the wall collapses, the place it occupied and the stones belong to both parties.

Baba Basra 1:2

The same is true when it comes to a garden. In a place where the accepted practice is to erect a fence, a person can be compelled to do so. In the valley, where such is not the accepted practice, one cannot be compelled. If one party wants to do so, he retreats onto his own land and builds the fence, making the boundary line on the outside. Therefore, if such a wall collapses, the place it occupied and the stones belong to one who erected it. If they agree to erect the wall, they build it in the middle and make a boundary line on either side. Therefore, if the wall collapses, the location and the stones belong to both parties.

Hear Rabbi Novak's original shiur here.