What is the ruling if the same person usurps both the land and the plantings on it from a single owner and then plants something new?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a person usurps land and existing plantings from one individual, and then plants on that land, everything becomes the property of the original landowner. If the landowner demands the removal of the new plantings and doing so serves a perceived objective benefit, the usurper is compelled to remove them because failing to do so deprives the owner of the intended use of the land. The usurper must then level the ground and compensate for any resulting damage to the land and the original plantings.
Supporting text
If removing the new planting serves no objective benefit, the usurper is not compelled to remove it, as this would be an act of folly ('sufh'), and one cannot be forced into folly. However, an opinion states that he should be compelled because the landowner has ultimate authority over his property, while the usurper does not. If the usurper desires to remove the planting but the landowner prevents him, the usurper cannot remove it because everything is owned by the usurped party, and the usurper cannot dispose of it without the owner's permission.