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Baba Basra 4:1-2

Baba Basra 4:1

If a person sells a house, that does not include the annex, not even if they open one into the other. The sale also does not include a storage room adjoining the house or the roof if it has a parapet ten handbreadths tall (about 30” - the roof is then considered a separate domain). Rabbi Yehuda says that the roof is not included if the entrance to it has the shape of a doorway, even if the parapet is not ten handbreadths tall.

Baba Basra 4:2

The sale of a house does not include a well or an elevated cistern, even if the contract specifies that the sale includes the house’s depth and height. The seller must purchase right of way to these things from the buyer; this is the opinion of Rabbi Akiva but the Sages say that he need not purchase right of way (because he reserves that right for himself when he sells the house). Rabbi Akiva agrees that when a sale specifically excludes these things that the seller need not purchase right of way to them. If the seller sold these things to a different buyer, Rabbi Akiva says that the new buyer need not purchase right of way to them but the Sages say that he must.

Author: Rabbi Jack Abramowitz