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Trees, plants, flowers, etc., when selling a property

Fawtaa ID: 1894

Question:
Assalamualeikum.
Trees, plants, flowers, fountains, Lapa, which is in a property, do they automatically fall part of the property upon sale or does it has to be specified what is part of the property and what is not?
جزاك الله خيرا

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

When a property is sold, the trees, plants, flowers, attached fountains, attached structures (lapa), etc., that are on the property are included by default. Anything that is not attached but rather easily movable or removable will not be included by default. The fruits and harvests of trees and plants however will generally belong to the seller unless agreed otherwise.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

04/25/1445 AH – 11/09/2023 CE | AMG1-3567

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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