Q: I installed an automatic sprinkling system to water my lawn. After using it for a month, my neighbor claimed that the water was wetting his property and demanded that I move some of the sprinklers. Must I move them?

A: Although you are required to distance something potentially damaging from your neighbor’s property, if you placed it with his consent  you established a chazaka, and the neighbor can no longer demand that you remove it (C.M. 155:35).

Many authorities maintain that you do not need to purchase the right explicitly, nor wait three years. Even tacit acquiescence of the other person, by assisting you or by watching you place it and remaining silent in a manner indicating agreement, usually suffices to establish a chazaka immediately. Thus, after the month of silence, the neighbor cannot protest (Pischei Choshen, Nezikin 13:25[54]). Certain nuisances are considered so severe, though, that even if the neighbor remained silent for many years, he can force you to remove it. These include: consistent smoke, bathroom odor, heavy dust, and certainly, potential hazards. Still, if you explicitly acquired the right, the neighbor cannot renege (C.M. 155:36; Be’er Heiteiv 155:48; Nesivos 155:20).