Q: How is real estate acquired through kinyan chazakah (act of possession)?

A: Chazakah: The buyer performs an act demonstrating possession of the property, either in the presence of the seller or upon his authorization. This act typically entails a capital improvement to the property, such as affixing a lock, constructing a fence or making an opening (C.M. 192:1-2).

Locking the door with a key is also considered chazakah by the Rambam and Shulchan Aruch. Simply handing over the key, however, is not considered chazakah, but is viewed as authorization to do chazakah (C.M. 192:3).

Collecting the fruit of a field or using the property is considered kinyan chazakah by the Rambam and Shulchan Aruch, but not by most other Rishonim and the Rema (C.M. 192:10-11).

Although chazakah is not commonly used nowadays for sale of property, it sometimes serves to finalize a rental, which also requires kesef, shtar or chazakah. According to many authorities, usage of the property (e.g., moving belongings in) would be a valid chazakah to finalize a rental even according to the Rema, since the rental “acquisition” itself is limited to usage of the property (C.M. 192:13; Nesivos 192:6).