Who has the right of ownership over trees in unowned land that are not date palms, such as olive or carob trees?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 2 · Bab 1

Open in Qurani

Primary text

If someone initiates the process for unowned, permissible trees, such as olive or carob trees, by watering them and improving them, that person has the primary right to them and their protected boundary. This ruling is analogous to the one who reserves a portion of unowned land for cultivation (mutahajjir) or the one who establishes a water course to barren land, as the trees have been prepared for their intended benefit. The evidence for establishing a right to what has not been previously claimed is the statement of the Prophet, peace be upon him: 'Whoever precedes a Muslim to something he has not been preceded to, he has the greatest right to it.'