What is the ruling on tree roots extending into a neighbor's land?
General Chapter
Al-Mughni
Book of Settlement
Primary text
The ruling regarding tree roots extending into a neighbor's land is the same as the ruling for branches. This applies whether the roots cause harm, such as affecting factories, obstructing wells, or damaging wall foundations, or if they do not cause harm, or if they prevent the neighbor from planting trees or crops firmly. If the roots bear no fruit, and the parties agree that whatever grows from these roots belongs to the landowner or a specified portion thereof, this agreement is treated like an agreement concerning fruit. If such an agreement is made and a period passes, and the tree owner refuses to hand over the growth to the landowner, the tree owner owes the fair rental value (Ujrat al-Mithl) for the duration, because the landowner permitted the growth based on that agreement.