Who owns the landing area underneath a step if it was not built for the lower owner but used as a ledge for water vessels?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 3 · Bab 1

Open in Qurani

Primary text

If there is a small arch (*taq*) underneath the step not built for the purpose of the step itself, but merely used as a ledge for placing water vessels or similar items, the step belongs to the upper owner because it was built for his sole use.

Supporting text

An alternative view suggests that the landing area should be shared because both owners have possession over it, and both derive benefit from it, making it analogous to a shared roof.