Bava Batra 28a — the Talmud in English

A. Land—and all other immovable property—that belonged to a person [and in the language of the Gemara: "mara kama," meaning the original owners], another person is not believed to say: “I purchased it from him,” unless he has a deed of sale in his possession; and it is not sufficient for him that he sits on the land and holds it, and it is not like movable property, for if a person holds it, he is believed to claim: “I purchased it from the previous owners.”

B. Our Mishna explains in what manner one who holds immovable property is believed to claim that he purchased it from the mara kama, even though he does not have the deed of sale in his possession:

Mishna:

Presumption of ownership of houses, cisterns, ditches, caves, dovecotes, bathhouses, and olive presses,

and a field

of the irrigated field,

a field that is watered by hand, because it does not suffice with rainwater,

and slaves,

for they too have the status of land, such that a chazaka is not effective with them as with other movable property—

And

so

with every thing that regularly produces fruit: their chazaka is three years from day to day,

that is, if a person consumed the produce of the field or made full use of the other immovable property for three years, without the “mara kama” protesting against his use of them, he is believed to claim: “I purchased it, and my deed was lost.”

But

a rain-fed field

that drinks only rainwater:

its chazaka is three years, but they are not from day to day.

And what is its chazaka?:

Rabbi Yishmael says: Three months at the beginning,

three

months

at the end, and twelve months in the middle; these are eighteen months.

Rabbi Akiva says: One month at the beginning, and one month at the end, and twelve months in the middle; these are fourteen months.

And further

Rabbi Yishmael said:

In what matter are these words said—

that he is not believed to claim “I purchased it” except through consuming all the produce of the field for three years—only

in a grain field

a field of grain—

But in a tree field:

since

he gathered his produce

his grapevines,

and pressed

the pressing of olives, as the harvesting of grapes,

his olives, and gathered his summer produce

dried figs,

these are three years.

[dried figs], these constitute three years.

Gemara:

The following sugya explains the reason for the law that he is believed when he held it for three years.

Rabbi Yohanan said:

I heard from the travelers of Usha,

who used to say: From where is there a source for a chazaka

in land

that it is three years, from a goring ox:

of land

Just as with an ox that has been established as forewarned, once it gored three times, it leaves the presumption of an innocuous ox

which pays only half the damage,

and stands with the status of a forewarned ox

which pays full damage—

so too here,

with regard to a chazaka in land,

once it consumed it for three years

three years,

it leaves the seller’s possession and stands in the purchaser’s possession,

the field left the seller’s possession and stood in the purchaser’s possession.

And we raise an objection:

If, just as with a forewarned ox, until

it has not gored

a fourth goring it is not liable

for full damage,

so too here,

let us say that

until

the end of the

fourth year it does not stand in his possession

the field will not stand in the purchaser’s possession!?

And we answer:

Is this what it is now?

is the subject comparable to the proof!?

There,

with regard to a forewarned ox—

from the time it gored three times,

already

it becomes

for him

forewarned—