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Yored L'sedei Chaveiro: Enhancing Another's Property

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What are examples of properties fit for enhancing?

A: In the laws of yored, there are several distinctions between properties that are presumed to be fit for enhancing and those not fit for enhancing (C.M. 375:1).

Examples of properties inherently fit for enhancing: A field is fit for sowing seeds or planting trees; a vineyard is fit for planting vines; a vacant lot is usually fit for constructing buildings (C.M. 375:1).

A dilapidated building is sometimes fit for reconstruction, but sometimes for demolition (C.M. 375:6).

In these situations, when someone enhanced the property in a suitable manner, according to local standards – if the owner did not protest beforehand, he must pay the enhancer the going rate for such capital improvements (C.M. 375:7).

However, if the owner protested beforehand, he is not required to pay. Nonetheless, some write that if the owner wants to retain the enhancement now, he must pay (see Pischei Teshuvah 264:3; Pischei Choshen, Sechirus 8:[64], Geneivah 8:[30]; Chazon Ish, B.B. 2:6).

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