Is a person obligated to remove trees or structures they planted or built on another's land without permission?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

The usurper who plants or builds upon another's land without permission is obligated to remove those plantings or structures upon the owner's demand. There is no known dispute regarding this obligation. The evidence for this is the saying of the Prophet, peace be upon him: "The one who transgresses has no right to the planted matter" (Hadith narrated by Abu Dawud and Tirmidhi, classed as Hasan). Furthermore, a similar incident wherein the Prophet judged that a man should uproot his date palms from another's land supports this ruling. The underlying principle is that one who occupies another's property with their own property, which lacks inherent sanctity in itself, without permission, must vacate it, similar to depositing unwanted fabric.