Siman 169

One who has a pit inside the house of his fellow and has a right of way over it, having purchased it from this owner on the condition that he would have a right of way over it, or they divided an inheritance in this manner [Sma], nevertheless he does not have permission to enter there except by day at a time when it is the way of people to enter, and not at night at a time when they are lying down, for presumably he did not consent to him that he should rise from his bed to open for him. And even by day, the owner of the pit does not have permission to bring his animals in there; rather, he fills and brings it outside, for presumably he did not consent that this one should bring animals in there. And each of them makes a key for the pit so that one shall not enter without the knowledge of his fellow, for the owner of the pit does so in order that the homeowner shall not draw his water, and the homeowner does so in order that this one shall not be secluded with his wife. And if the homeowner does not have a key to the pit, he will not be seized as a suspect upon his entry into his house, for he will say "I went to draw water." But when he also has a key, he will be seized as a suspect, since he knows that without the homeowner he cannot draw his water. And specifically a pit, but if he has a room inside his house, he enters whether by day or by night, for regarding a room it is impossible to designate a time of entry and exit. And nevertheless, some say that each one should make a key for the room [Bach] because of suspicion, but we have not seen anyone who does so, and it is not logical at all that when he needs to enter his room he should wait until the homeowner comes with his key. And that which we explained that for a pit he may only enter by day, it is not specifically by day, but rather any time they are awake. And the same applies to any usage that is not frequent, when he has it inside the house of this one, its law is like that of a pit [it appears to me].

One who has a garden behind the garden of his fellow does not have permission to enter it at night, nor to bring purchasers of vegetables into it even during the day; rather, he gathers the vegetables and sells them outside the garden. The same applies to a house that is behind the house of his fellow: he may not bring merchants into it, for behold, even in a courtyard one may protest, as I wrote in siman 156. And he may not enter from the garden into another field unless it is for the need of his garden, for presumably he did not give him a path except for the need of the garden. And our sages, of blessed memory, said that the outer one may sow the path, for presumably he did not give him the path such that he would not have permission to sow it; rather, he sows it, and if this one, in his passing, ruins the sowing, he accepted it upon himself. But if he gave him a path from the side with the consent of both of them, not through his garden, he may enter it at any hour he wishes and bring merchants into it, for we estimate that with this intent he gave him a path from the side. Nevertheless, he may not enter another field from within it, for in this we are witnesses that he did not give him the path except for the need of the garden. And both of them are not permitted to sow the path, for he gave it to him only for walking alone, and the inner one also prevents the outer one from sowing so that he will not be delayed in his walking over the seeds, for this he accepted upon himself regarding a path from the side, and he does not have such a great loss in the absence of sowing since it is from the side [Sma].