For the source text click/tap here: Bava Batra 6
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There is a disagreement amongst the Rishonim about the nature of
– establishing a chazakah for the use of a neighbor’s property. According to some Rishonim (1), this type of chazakah does not require continued use of the neighbor’s property for three consecutive years, as a chazakah on land requires.
On the other hand, the one attempting to establish the chazakah must claim that either he purchased this right of use or that the right was given to him by the owner. In this regard, it is similar to the chazakah that is made on land.
We explore the concept of Chazaka as well as comparing it to the Roman legal concept of uscapio.