Can one owner build a partition wall solely within their own property without the neighbor's consent?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

An owner who wishes to build a partition wall alone is only permitted to construct it entirely within their own property. This is because an owner lacks the authority to dispose of the neighbor's exclusive property, nor can they utilize jointly owned property without an established precedent (rasm) for the intended construction. There is no known dispute regarding this principle.