Who owns the structure if the builder used materials and dirt from the property owner's land to construct the room?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If the builder constructed the room using dirt from the property owner's land and the owner's materials, the builder does not own the construction. The structure belongs entirely to the property owner.
Supporting text
There is a potential view that the builder retains the right to dismantle the structure, similar to the ruling concerning a usurper (Ghasib), provided the owner absolves the builder from liability for any resulting damage.