Ruling on taking extra land beyond what is stated in the deed
Machine translationRead the Arabic original
Question:
A letter was sent by one of the listening brothers. The sender is Abd al-Rahman, a Saudi citizen working in the United Arab Emirates. Our brother has a number of issues:
In his first issue, he says: When I built my house and finished it, and I built the setback wall on the house—or what we call the courtyard in our terminology—the house was on two streets. Between the eastern and northern streets, the document—the building permit—stated a setback of seven meters. During the enclosure, I did not adhere to that, and I made the setback approximately three meters instead of seven meters due to the narrowness of the courtyard. Thus, the northern side became fifteen meters instead of twelve meters, and the eastern side became seventeen meters instead of fifteen meters, as is clear in the deed.
So, am I required to restore it to its original state by demolishing it and rebuilding it, knowing that there is no harm to anyone? Or should I leave it to widen the courtyard and so that it does not touch the residential building? I ask for your guidance on what is best, for my conscience is troubling me even though I have not harmed anyone, but there is a violation of municipal regulations. Know that when the municipality paid me the final installment, they did not object to this increase and paid me the remaining amount. I ask for your information, may Allah preserve you?
Answer:
You must review the responsible authority, which is the municipality, and negotiate with them on the matter. If they permit you to do so, praise be to Allah. Otherwise, you must adhere to what the state has established for the interests of the Muslims. And Allah is the One to be asked to guide everyone.
The presenter: O Allah, amen.
A letter was sent by one of the listening brothers. The sender is Abd al-Rahman, a Saudi citizen working in the United Arab Emirates. Our brother has a number of issues:
In his first issue, he says: When I built my house and finished it, and I built the setback wall on the house—or what we call the courtyard in our terminology—the house was on two streets. Between the eastern and northern streets, the document—the building permit—stated a setback of seven meters. During the enclosure, I did not adhere to that, and I made the setback approximately three meters instead of seven meters due to the narrowness of the courtyard. Thus, the northern side became fifteen meters instead of twelve meters, and the eastern side became seventeen meters instead of fifteen meters, as is clear in the deed.
So, am I required to restore it to its original state by demolishing it and rebuilding it, knowing that there is no harm to anyone? Or should I leave it to widen the courtyard and so that it does not touch the residential building? I ask for your guidance on what is best, for my conscience is troubling me even though I have not harmed anyone, but there is a violation of municipal regulations. Know that when the municipality paid me the final installment, they did not object to this increase and paid me the remaining amount. I ask for your information, may Allah preserve you?
Answer:
You must review the responsible authority, which is the municipality, and negotiate with them on the matter. If they permit you to do so, praise be to Allah. Otherwise, you must adhere to what the state has established for the interests of the Muslims. And Allah is the One to be asked to guide everyone.
The presenter: O Allah, amen.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.