Community Magazine July 2012

Dear On the Fence, First and foremost, we must acknowledge the severity of extending one’s property over a neighbor’s border. This is not just a lack of decency, or only a Rabbinical institution. Such an act constitutes an outright Biblical prohibition ( Devarim 19:14), and, moreover, unlike most other Torah prohibitions, this prohibition is reinforced by the Torah itself with a blatant curse upon the transgressor ( Devarim 27:17). Looking at your case in particular, several factors should be taken into consideration. First, is it certain that your neighbor deliberately planted the fence on your side of the property line? Could it be that the builder was careless? And if the neighbor erected the fence himself, could it be that a distance of 1-2 inches is small enough to have mistakenly – albeit inexcusably – been overlooked? Furthermore, even if we assume that this infraction was done intentionally and the neighbor is clearly at fault, we need to realistically consider whether this loss of property will affect your ability to sell the home. We must then decide if it’s worth transforming this neighbor’s inappropriate fence into an iron curtain. In making this decision, we must take to heart the great value of shalom (peace) and weigh how much one ought to sacrifice for the sake of maintaining harmony with a neighbor. Of course, we must also try to determine what you can do to ensure you keep what’s rightfully yours while simultaneously maintaining your good relationship. As a general rule, when there’s a dispute and one considers protecting what’s rightfully his, it’s always wise to weigh the value of what he’s protecting against the value of what he would gain by yielding. Our sages teach that the blessings and benefits earned by maintaining shalom are enormous ( Bamidbar Raba 11:7), and even non-believers could easily discern numerous benefits gained by maintaining good relations, which would be well worth some degree of sacrifice. If the true value of shalom were firmly implanted in our hearts, it would be much more natural for us to forfeit on its behalf. Still, there are times where the anticipated loss is too large to swallow, and thus each case must be individually evaluated to determine the most beneficial course of action. In your case, I would support your minimal concern over the actual space, and in terms of trying to sell the home in the future, I think that maintaining your neighbor’s good reputation will enhance the value of your home more than this relatively small area of land. And if you orchestrate your dealings with your neighbor respectfully despite the injustice that was committed, you will also gain the blessings of shalom , and probably the respect of your neighbor, as well. Still, I would suggest that you speak to a lawyer and secure legal documentation to ensure that you maintain full rights over this property line, since there doesn’t seem to be any reason for you to just give it away. And if it could not be done without the knowledge of your neighbor, just explain to him respectfully and in good spirit, that some mistake had taken place while the fence was being put up which you’re sure he was unaware of. I would also advise that you speak with a rabbi experienced with similar situations to ensure that you do not overlook anything essential. With Torah blessings and warm wishes, Rabbi Yechiel Elbaz Dear Rabbi, My neighbor built a fence that is just slightly on my property (one to two inches). The fence doesn’t bother me, but the idea that my neighbor may be trying to take some of my property does. It’s not an accident, as the property line is clearly marked. We are generally on good terms with the neighbor, but this could make it hard for us to sell our house. Do you think we should ask the neighbor to move the fence, or try to maintain our good relations? Signed, On the Fence GET IMMEDIATE SAGE ADVICE OVER THE PHONE! CALL 971-ADVISE-ME (971-238-4736) To speak with Rabbi Elbaz, call Monday and Wednesday evenings from 8:30-9:00 pm (or leave a confidential message) for advice for those ethical dilemmas and practical predicaments which can’t wait. mobile: Scan the QR code at right online: go.CommunityM.com/ask email: Ask@CommunityM.com facsimile: 718-504-4246 postal mail: 1616 Ocean Parkway, Brooklyn, NY 11223 C E I S a g e V a D A D V I C E 90 COMMUNITY MAGAZINE