Claiming the fruit from one's neighbour's tree

Q: A person owns a yard in which there is a mango tree. The neighbour claims that her late mother planted the tree. To whom does the tree/mangoes belong to? 

A: If it can be proven with shar'ee evidence that the neighbour's mother planted the tree, then the tree belonged to her late mother, and after her demise it will be inherited by her heirs. However, since they did not plant it in their own land, but planted it in another person's land, the owner of the land has the right to ask them to uproot the tree.

If it cannot be proven with shar'ee evidence, then they do not have any right to claim ownership of the tree nor the fruit of the tree.

And Allah Ta'ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)