What is the ruling when wood or a building is found on jointly-owned or a neighbor's wall without knowledge of the cause?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 3 · Bab 1

Open in Qurani

Primary text

If one's building or wood is found on a shared wall or a neighbor's wall, and the cause is unknown, the owner retains the right to restore it if it is removed. This is because the apparent situation is that the placement occurred legitimately, whether through settlement or other means, and this presumption stands unless the contrary is established. Likewise, if a water drainage channel (masil) or roof water runoff drain is found on another's land, the established right persists, treating it as an established possessory right (yad thabita).

Supporting text

If there is a dispute as to whether the placement occurred legitimately or through encroachment, the testimony of the owner of the wood, building, or channel, supported by an oath, shall be accepted because the presumption of right is with them.