If someone gives away his property as a shortcut, can they take it away?

 

The following are the guidelines according to Halacha, in a situation where legally accepted, and no damage is caused to the owner.

If one willingly and expressly allowed the public to use his property as a shortcut, the public has required rights to this use and the owner may not retract. Likewise, even if one did not expressly allow it, but the public made changes to the path (e.g. paving, which only a property owner would make) and the owner did not object, the public has required rights to this use. This is called “meitzar shehichziku bo rabim“.

If however the public used the shortcut without express consent from the owner, even if the owner was aware and did not object, and no changes were made by the public to the property, the owner may object at any time and prevent the public from using his property.

 

Sources:

בבא בתרא צט, ב. ב”י חו”מ שעז ובפרישה שם.

גדר הרבים – ראה פתחי תשובה שם ס”ק א-ב. שו”ת אבנ”ז חו”מ סי’ יג.

 

 

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