What is the ruling on uprooting recently planted olive trees, those whose age ranges between one month and one year, especially if they were planted in a place designated for construction despite the landowner's warning?
If your father is the rightful owner of the land, then if the planter has no doubt as to ownership, he is like a usurper. Your father then has the choice either to order him to uproot the trees or to take possession of them, paying their value as uprooted, after deducting the cost of removal.
However, if the planter has a doubt as to ownership (e.g., he purchased the land unaware of its true ownership), then your father must pay him the value of the trees while standing. If he refuses, then the owner of the trees pays the value of the land and takes ownership of it. If he also refuses, then they become partners in the land and trees, proportionate to the value of what each of them owns.
This answer is based on your father’s rightful ownership of the land. Otherwise, the owner of the trees acquires ownership of the land through cultivation, and you have no right to it. Such disputes can only be resolved by a specialized Sharia court.
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- Original fatwa ID
- 74920
- Imported
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