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Baba Metzia 10:3-4

Baba Metzia 10:3

If a house and an upper level belonging to two different people collapses, so the owner of the upper level tells the owner of the house to rebuild his part (which obviously must be done first) but he doesn’t want to rebuild it, then the owner of the upper level may rebuild the house and live in it until the other party reimburses him. Rabbi Yehuda says that even such a person as this who lives in another’s property should pay him rent. Rather, the owner of the upper level should rebuild both the house and the upper level - roof and all - and then live in the house until the other party reimburses him.

Baba Metzia 10:4

Similarly, if an olive press is built into a hill and there’s a garden on top of it that partially breaches it, then the owner of the garden may go down and plant seeds below until the other party makes a compartment for his olive press. If one’s wall or tree falls into the public domain, causing damage, he is exempt from paying. If the court gave him a time by which he had to cut down the tree or demolish the wall, then if it fell before the deadline, he is exempt and if it fell after the deadline, he is liable.

Author: Rabbi Jack Abramowitz