Is a usurper obligated to remove construction/adornments added to a usurped house upon the owner's demand?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a usurper plastered and painted a usurped house, and the owner demands its removal, the usurper must remove it if removing it serves a purpose (gharad). If removal causes a defect (nuqsan), the usurper is liable for the compensation for that defect. If the owner demands removal and the usurper refuses, but the plastering/painting has value after being removed (kashṭ), the usurper has the right to remove it, similar to the right to remove his planted trees, irrespective of whether the owner offers compensation for it.

Supporting text

If the removal of the added features serves no purpose, and the usurper offers them to the owner, the owner is compelled to accept them because this addition is considered an attribute of the house, analogous to the dyeing of cloth. However, it is also possible that the owner is not compelled to accept because these are distinct physical entities (a'yan mutamayyizah), making them akin to separate pieces of fabric.