Contrary to the conclusion reached before,
now we decide that visual trespass is damaging. In the case of two
partners who agreed to make a partition in their jointly owned
courtyard, the “partition” is understood as division, not a wall.
Now
the case reads as follows. Once they agreed to divide the yard, even
though they did not stipulate to build the wall, they must build a
stone wall, against the objections of either party. This is true even
if they have not agreed to divide, since any one of them can separate
at will. However, the previous ruling deals with a very small yard of
less than 8 by 4 amot (about 16 by 8 feet), which is not divisible,
unless they agree to divide it.