daf bit: Bava Batra 27
Sep. 17th, 2009 08:59 amThe g'mara here does not address ownership of the cut wood (or fruit, if in season). In a previous discussion of roots that encroach a neighbor's field, the g'mara said that the neighbor may cut the roots and he owns the wood. I would suspect, therefore, that he owns the wood of the branches, but I don't know if that applies to fruit. Roots or branches don't change, but fruit comes and goes. If the neighbor waits until the tree bears fruit to complain, knowing that he'll get the fruit, wouldn't that raise questions? I would not be surprised if he doesn't get the fruit. And it's possible that he doesn't get the wood either for similar reasons; with the roots he doesn't know the quality of the wood until he digs (and the soil itself might do damage there), but he can see the branches. See -- I can postulate reasoning consistent with the rabbis; I just don't know the answers. :-)