What is my share of the olive yield that I planted on my brother's land without his permission, and continued to tend for 14 years after he asked me to stop?
If the landowner requests the planter to relinquish possession of his land and stop irrigating it, then the planter's continued cultivation of it thereafter is considered a form of usurpation. He is only entitled to uproot the trees he planted and take them, while being obligated to level the land and bear its cost. He must also pay the fair rental value for the land for the entire duration of the usurpation.
Ibn Qudamah said in Al-Mughni: "The usurper must pay the rent for the land from the time he usurped it until the time he returns it." If he plants or builds on another's land without permission, he is obligated to uproot his plantings and structures, based on the Prophet, peace and blessings be upon him, saying: "A wrongdoing root has no right." He is also obligated to level the excavations and restore the land to its original state.
If both parties agree to compensate the planter for his crops, that is permissible. If the landowner wishes to take the trees without compensation, he is not entitled to do so because they are the property of the usurper. The planter is advised to reconcile with the landowner regarding the division of the produce on terms they both agree to, and to obey him and not disobey him, considering that he has trespassed by cultivating his land without his permission.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/112161