Does the owner of the property into whose airspace branches extend have the right to remove the encroaching branches?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the owner of the property refuses to remove the branches, the owner of the airspace has the right to remove them by cutting or redirecting them. This right is established because the situation is analogous to removing an animal that has entered one's dwelling; one has the right to expel it. This is the established position of Shafi'i.