Dear Rabbi,
If the municipality required that a passage be made through a building between the streets, and the public has established use of it as a thoroughfare, but the neighbors object to this, is it permitted to pass through?
Thank you very much.
Shalom u’vracha,
A municipality cannot require that public passage be allowed through a private residential building. The municipality can only impose a planning requirement to create two entrances to the building in a manner that enables passage between the streets, in order to receive municipal approval for the building.
Therefore, the apartment owners, who own the common property, may prevent strangers from passing through their residential building, which is part of the common property.
Even if the public has established use of this passage as a public thoroughfare, the apartment owners may prevent this. This is because the law of metzar shehechziku bo rabim does not apply where the public established use without permission. Moreover, many halachic authorities maintain that the law of metzar shehechziku bo rabim does not apply to land registered in the Land Registry as common property or as privately owned property.
With blessings,
Rabbi David Ohayon
This response was translated automatically from Hebrew and has not yet been reviewed by a person. It may therefore contain inaccuracies and should not be considered a definitive reference.
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