Is a settlement valid regarding the removal of existing structures or wood from another's property?
General Chapter
Al-Mughni
Book of Settlement
Primary text
A settlement (sulh) made by the wall owner with the owner of the structure or wood for the removal of that structure or wood in exchange for a known sum is permissible. This is valid whether the compensation agreed upon for removal is equal to, less than, or greater than the compensation originally agreed upon for placement, because the removal payment is compensation for the established usufruct right.
Supporting text
Similarly, if someone has an established water channel (masil) or gutter (mizab) on another's land, and the landowner settles with the right holder for its removal in exchange for compensation, this is permissible. Furthermore, if the wood or wall has already fallen, a settlement for a sum in exchange for agreeing not to rebuild it is valid, as settling concerning it is equivalent to selling it, and settlement is a form of sale.