Bava Batra 38: Protesting a Claim of Chazaka

When one person claims chazaka on another person's property, the rabbis suggest further questions.  What about a saffron crocus field, where plants are pulled from the land?  Is the land surrounding each plant considered to be purchased by the buyer as is done when purchasing a tree?  The rabbis consider the importance of protesting such a claim within the first three years of sales.  Even in the case of a tree, they argue, the owner should have protested such a claim.

A new Mishna focuses our attention on the importance of protesting a claim of chazaka on one's property.  It teaches that there are three separate areas in Israel to consider when claiming chazaka.  These are Yehuda or Judea, Ever HaYarden or Transjordan, and Galil, the Galilee. When claiming chazaka, the owner of a property should be in the same region as the claimant.  The Sages teach that three years are allowed to protest such a claim.  This timing is based on the possibility that the owner travelled for one year across the Mediterranean Sea to Aspamya, Spain, spent one year there on his property, and then returned to learn of the claim and lodge his protest.

Is the Mishna suggesting that a protest is only valid if the owner is in the presence of the claimant?  In their conversation about travel, the rabbis note that visiting between Judea and the Galilee was sometimes dangerous because of the need to cross over a strip of land belonging to the Samaritans.  

The Gemara then discusses whether one who is fleeing is required to lodge a protest within a given period of time.  Must the claimant and the owner be in the same place at the same time?  Would the presence of two witnesses influence the validity of the owner's protest?  Does it make a difference why the owner is fleeing?  For example, is he fleeing because of monetary problems?  In this case, the rabbis argue, he will hear about the claim of chazaka and respond.  Or is he fleeing because he has murdered someone and he is running away from his punishment?  If this is his reason for fleeing, the owner might not speak with anyone who is a friend of a friend and might tell him about the claim of chazaka.  

We end today's daf with an example of a valid protest.  Rav Zevid says that an invalid protest is one where an owner claims, "He is a robber".  A valid protest is more specific, "He is a robber as he is currently holding my land through robbery, and tomorrow I will bring a claim against him in court."