He bought land owned by someone other than the seller, without knowing, and built on it. To whom does the building belong?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if a man buys land from a person and builds on it, and then it turns out that the land did not belong to the seller, and the original owner of the land is satisfied with the building, does the seller take the value of the building and return it to the buyer?
Answer:
The choice lies with the owner of the building, not the seller. The one who has the choice is the owner of the planting and the building. If he wishes, he may leave it and take compensation for his costs. If he wishes, he may demolish it and take the rubble, the plants, and vacate the land of the landowner. So the choice in this matter belongs to the owner of the planting and the building.
He says: Honorable Shaykh, may Allah grant you success, if a man buys land from a person and builds on it, and then it turns out that the land did not belong to the seller, and the original owner of the land is satisfied with the building, does the seller take the value of the building and return it to the buyer?
Answer:
The choice lies with the owner of the building, not the seller. The one who has the choice is the owner of the planting and the building. If he wishes, he may leave it and take compensation for his costs. If he wishes, he may demolish it and take the rubble, the plants, and vacate the land of the landowner. So the choice in this matter belongs to the owner of the planting and the building.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1449 -2802] اشترى أرضاً مملوكة لغير بائعها وهو لا يعلم، وبنى عليها، لمن يكون البناء؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.