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Ruling: The land def cultivates is indeed over the "blue line" of pl’s jurisdiction, and it is even outside the regional authority to which pl belongs. Therefore, pl does not own the land and subsequently has no authority to demand money as rent for using it. Although def is a member of pl’s resident association and signed that he is bound to their decisions, this does not apply to decisions concerning land out of its jurisdiction.
Part of pl’s claim to ownership is based on the first beit din’s ruling that whatever is within pl’s fence, belongs to it. However, that ruling only relates to the right of usage (chezkat shimush), not to ownership. The ruling says that neither side owns the land, but pl has the right to determine its usage. The most recent agreement, which states that "the rights to the land will, in the future, be assigned to pl, and this agreement will continue to apply" also recognizes that at present, pl does not own the land. The agreements also never included payment for rent, which is in line with this analysis. Pl’s claim that due to def’s use of the land, it is not possible to charge others for their use is not to be accepted. First, pl does not have a right to take from the other people in his situation either. Second, pl has the ability, including based on the agreements, to use the land for extending the housing of the yishuv (although they will have to compensate def somewhat).
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
713 - Contractors Fixing their Damages
714 - Rights of a Yishuv on Peripheral Land – part I
715 - Disagreement on Length of Rental Commitment – part I
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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