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Neighbour Building Unknowingly on my Land

Answered according to Hanafi Fiqh by CouncilofUlama.co.za

Q: I recently purchased a piece of land. After paying architects, etc. I discovered that my neighbour had built his house on my land. My neighbour was also unaware of this. I would like to know the following:
1) Can I demand him to remove that portion of his house which infringes on my land?
2) If I choose to sell that piece of land to him must I sell it at its market value or can I sell it at a price I deem appropriate?
3) Can i ask him to pay the charges which I paid, like the fees of the architect, etc?


A: 1) Yes you can demand him to remove that portion of his house which infringes on your land.
2) You can sell it at a price you deem appropriate.
3) No he does not have to pay you these charges.

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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