Can the landowner force the purchase of the trees at their value if the planter refuses to remove them?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the landowner offers the value of the trees to acquire them when the planter refuses to remove them, the landowner has the right to do so. This is because the planting occurred rightfully within another's property, resembling the case of a bankrupt person's planting in the seller's land. This is the preferable view.
Supporting text
There is an alternative opinion suggesting the landowner does not possess this right, because the landowner is not obligated to allow the trees to remain if the planter refuses to pay their value or the reduction in value from removal; thus, the landowner cannot compel ownership via payment. This is contradicted by the case of a usurper's planting.