Can the landowner claim the trees or structures planted or built by the usurper without compensation?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The landowner is not permitted to take the trees or structures without compensation, as they remain the property of the usurper, just as if furniture or livestock had been placed there. If the landowner demands the items in exchange for their value, but the owner refuses and insists on removal, the owner has the right to remove them because they are his property, granting him the right to move them. The landowner cannot be forced to accept the monetary value, as this constitutes a transaction (mu'awada), and no one can be compelled into a contract.
Supporting text
If the landowner agrees to accept compensation for the items, whether by value or otherwise, it is permissible because the right belongs to both parties. If the usurper gifts the plantings and structures to the landowner to avoid removal, and the owner accepts, the gift is valid. If the owner refuses the gift, and there is a sound, objective purpose in removing the items, the owner cannot be compelled to accept. If there is no sound objective purpose, it is debated whether the owner can be compelled to accept, as this removes dispute without loss of objective benefit, or whether he cannot be compelled, as it forces him into a contract requiring consent.