The ruling on one who builds on another person's land by mistake
Machine translationRead the Arabic original
Question:
Honorable Shaykh, if someone builds on another person's land by mistake, what is the ruling?
Answer:
The ruling is that the one who caused the harm—the builder—must remove the structure. The one who erected this building must remove it, whether it was by mistake or intentionally. It is not permissible to occupy another person's property and say, "I made a mistake." Even if he spent money, the mistake does not permit you to occupy another person's property. However, the mistake removes the sin only. The mistake removes the sin from you, but it does not remove the right of the other person. Yes.
Honorable Shaykh, if someone builds on another person's land by mistake, what is the ruling?
Answer:
The ruling is that the one who caused the harm—the builder—must remove the structure. The one who erected this building must remove it, whether it was by mistake or intentionally. It is not permissible to occupy another person's property and say, "I made a mistake." Even if he spent money, the mistake does not permit you to occupy another person's property. However, the mistake removes the sin only. The mistake removes the sin from you, but it does not remove the right of the other person. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب العارية — islamhouse.com (51:36)
The Arabic text is a machine transcription of the audio recording.