daf bit: Bava Batra 41

[cellio]

Previously in this tractate we learned about adverse possession -- that one who occupies another's property for three years without the owner protesting is allowed to stay. In today's daf the mishna shows that how the occupier makes his claim matters. If a man says to another: "what are you doing on my land?" and he replies "no one has ever objected", the occupier has no claim. On the other hand, if he says "you sold it to me" (or "your father gave it to me" or some similar statement), he has a claim. (41a)

I think, but do not know, that this is because making a false claim is a transgression that one would be more likely to shy away from -- so if he says "you sold it to me" he probably believes it. He has to have some basis for his occupation, in other words; he can't just squat and say "too bad you didn't catch me in time". That's my read, anyway, and this daf surely isn't the last word on the matter in any case.

Comments

[sethg]

Also, one can ask the occupier follow-up questions like "when did you buy it? for how much? who witnessed the transaction?"

[zevabe.livejournal.com]

There are principles regarding in which situations one is unwilling to lie: a lady before her husband, a borrower before a lender, etc. The buyer-seller relationship is not one I believe has this aspect, but it could. There is also an assumption that land is sold with some evidence, which the alleged buyer can be asked to produce, but also that a document of this type is disposed of after 3 years.