Powtórzonego Prawa 7:15 Halacha: Mishneh Torah, Foreign Worship and Customs & Arukh HaShulchan

Wherein is the difference between an idol that belongs to an idolator and an idol that belongs to an Israelite? The idol of an idolater is forbidden property to enjoy aught thereof the moment it becomes an idol; it is said: "The graven images of their gods shall ye burn with fire" (Ibid. 7.25), the moment they became graven images it became a god to the idolater; but that of the Israelite does not become forbidden property until it is worshiped, as it is said: "And setteth up in secret" (Ibid. 27.15), until matters of secrecy will be done to it, which are its form of worship. But everything used in the service of idolatry, whether it belong to an idolator or to an Israelite, does not become forbidden property until they will be used during services to idolatry.⁴Ibid. 51–52a. C.

We have established that sight damage (hezek re'iyah) is a real form of damage. For most people are particular about others watching their actions, their use [of the courtyard] and their work, because the evil eye results from the gaze of others - and the Sages, may their memory be blessed, said (Bava Metzia 107a) that it is prohibited for a person to stand by another’s field when [its ripe grain] is standing; and they also expounded about the verse (Deuteronomy 7:15), "The Lord will ward off from you all sickness," this is the evil eye - and furthermore, there are many kinds of work and use that require privacy, such that when someone else is watching, one is prevented from doing them. But we have also established that there is established use (chazakah) with sight damage (showing the damaged party's consent to the situation). However there is a disagreement about the measure of established use, as I have written in the beginning of Arukh HaShulchan, Choshen Mishpat 153. For there are some that say that immediately when his fellow does [an action that impinges on his privacy] and it becomes known to him and [yet] he is quiet, it is immediately [considered] acquiescence. But there are others that say that it requires three years and a justification [of the action]. And we have already explained there in paragraph 3, regarding the established use of sight damage, that since there is a doubt about the law, the burden of proof is upon the one who wants to extract what his fellow [possesses]; and the one damaged is called the possessor. Hence there is no established use here without a justification and with less than three years. However there is established use with sight damage. And even though there are some great rabbis that hold that there is no established use at all with sight damage, our rabbis who are the authors of the Shulchan Arukh have determined that there is established use. And likewise should one instruct once a person has established his use for three years with a justification.