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[This summary does not explore all elements of the ruling.]
Ruling: [We saw last time that while there was no binding agreement to share expenses, there are grounds for payment based on benefit that def received from pl if this can be substantiated.]
In this case, def demonstrated that they were interested in pl’s building, not only before building but afterward as well. They had things built in that would serve for their own use afterward. When they advertised their apartment for sale, they highlighted the fact that it was all ready for expansion. Finally, when pl climbed on top of his extension, def accused him of trespassing, indicating that they viewed pl’s roof as belonging to them, i.e., ready to be used on a significant level.
Def claimed that they did not benefit from pl’s construction but that their buyers alone did. One must distinguish between different types of benefit for which one is obligated to pay. One is for direct physical benefit. The other is for causing the attainment of financial gain. Rav Shimon Shkop (Bava Kama 20b) explains that when the value of one’s property is increased, this requires payment even if the one who provided the benefit did not lose in the process. Due to the construction, def’s apartment became worth more money, enabling def to sell it for more. Even if def can prove that he did not receive more money than he could have without pl building, this is a shortcoming on his part, as the benefit was there in the waiting. Even according to Rav Feinstein (Dibrot Moshe, Bava Batra 12), who says that one does not pay for the appreciation of value of the property until there is actual benefit, here the sale is to be considered actual (monetary) benefit.
There is also another possible way to obligate def, and that is through the buyers, who certainly benefitted from the construction. Since it says in the buyer’s contract that if pl sues the buyers and they have to pay, def will have to reimburse the buyers, this double obligation (buyer to pl and def to buyer) can obligate def to pl as well.
P'ninat Mishpat (832)
Various Rabbis
259 - Sharing in Building Expenses When One Did Not Directly Benefit – part I
260 - Sharing in Building Expenses When One Did Not Directly Benefit – part II
261 - Claim of Not Understanding a Provision of a Signed Document
Load More
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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