Is a usurper obligated to return and spread removed topsoil if the owner requests it and there is a valid purpose for doing so?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a person usurps land and scrapes off its topsoil, they are obligated to return it and spread it back as it was, provided the owner demands it and there is a valid legitimate purpose for the spreading. The obligation to spread it without a valid purpose involves two differing scholarly opinions.
Supporting text
If the owner prevents the usurper from spreading it back, or if the owner demands the usurper undo their spreading, and there is a purpose in undoing it to remove harm or ensure liability, then the usurper has the right to spread it back. In this case, the usurper must pay the owner the fair rental value for the period of occupation and compensation for any diminution in value.