Is it permissible to resort to the British law of prescription (statute of limitations) to protect 15 feet of land claimed to be part of a property purchased in 2007, knowing that the real estate developer who bought the disputed part in 1996 is seeking to change the fence boundaries after 10 years of their establishment?
The claim of the real estate developer must be considered. If it is proven that a part of the garden is his property, then his right must be given to him. If the developer's entitlement is proven, then the purchase of this part is invalid, and the buyer can demand the following details from the seller:
1. If the agreed-upon area is not affected: The buyer has no claim against the seller. 2. If the area decreased after the adjustment: The buyer is entitled to the price of the deficit from the sale value. 3. If the purchase was by inspection and without meter estimation: The buyer can claim the price of what the developer appropriated. 4. If the buyer's purpose for the garden is lost: He has the option to either uphold the sale or revoke it.
Ibn Uthaymeen's saying is cited that the increase belongs to the seller and the decrease is borne by the seller, and the buyer has the option if the quantity is unknown and his purpose is lost.
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- 17759
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