What is the ruling on partitioning land shared with unique fixed assets like a well or a tree?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If land shared by two has a well valued equally to the land in one half and a tree valued equally to the land in the other half, it is adjusted by value, assigning the well with half the land as one share and the tree with the other half as the second share. If the land value is large enough for some partners to take their shares entirely from the land, leaving sufficient land to be combined with the well and tree to create equitable shares, partition is mandatory. For example, if the land value is significantly higher than the value of the well and tree combined, partition is enforced by using the land value to balance the shares.
Supporting text
If the land value is low or insufficient to balance the shares by including the well and tree, partition is not mandatory because it would require dividing the well and tree separately, which is not subject to compulsory partition. Compulsory partition does not apply if the two parties wish to partition only the well and tree without the land.