Observing
one's activities is considered a form of trespass on his domain. Thus,
the Rabbi required that fences and walls be built between neighboring
properties to prevent such violations. Private places, such as a
person's home, where intimate acts are constantly performed, are
clearly protected by the law of privacy. A courtyard, however, is
considered a semi-private place.
Partners who agreed to make a
partition in a courtyard that they own jointly must build a wall in the
center of the courtyard, each partner providing half of the land upon
which to build. This is true, however, only if they agreed to a
partition. Since courtyards are semi-private, one cannot force the
other to do so, since visual trespass in this situation is not
actionable.