What recourse does the neighbor have if the wall owner forcibly and wrongfully removes the construction or lumber?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the wall owner removes the construction or lumber through aggression ('udwan), the neighbor has the right to restore it because it was removed wrongfully, constituting an aggression by the party upon whom the right was incumbent, thus the right is not extinguished by his own aggression.

Supporting text

If a third party ('ajnabi) removes it, the neighbor does not have the right to restore it without the owner's permission, because its removal occurred without aggression from the neighbor, resembling the case where it falls by itself.