Fatwas on Attached Property
Q1569: A person sold some property. After the sale was concluded, he took away the electric bulbs, the boiler, and the like. What is the ruling in this matter?
A: If the chattel was, according to common view, not part of the property and the buyer did not stipulate in the contract that the vendor was not to take the items away, there is no objection to his removing them.
Q1570: I bought some property from a person including the car parking place and other facilities. He handed the property over to me without the car park. It transpired that the sale paper had been tampered with to show that the car park was not part of the sale. The sale agreement confirmed the fact that the price he got for the property included the car park. What is the ruling in the matter?
A: It is obligatory on the vendor to give the buyer possession of the property and all that which forms part of it, i.e., subject to the deal, whether it was what the price was paid for or those parts where it is clearly outlined in the contract as part of the deal. The buyer has the right to demand that the vendor turn them over to him.
Q1571: I bought some property situated in the first floor. The desert cooler installed in the property is fed through a water pipe which runs from the property situated on the ground floor. The owner of that property cut the water supply to the cooler under the pretext that he alone has the right to make use of the area of the ground floor. What is the ruling in this matter?
A: If the contract does not clearly provide for you to make use of the water pipe which is installed in the yard of the ground floor, you have no right to demand from the owner to accede to your request.
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