that it is reprehensible.
If the purchaser subsequently erects a building or plants trees and the right of pre-emption is then awarded to the pre-emptor, the latter has a choice: he may either take the property for the sale price together with the value of the building and the planting as uprooted, or he may compel the purchaser to remove them. Should the pre-emptor take the property, build, or plant and the land is later vindicated in favour of a prior claimant, he may recover only the purchase price, not the value of his improvements.
If the house collapses, its structures burn down, or the orchard’s trees dry up without anyone’s doing, the pre-emptor may either take it for the full price or abandon it. But if it is the purchaser who demolishes the building, the pre-emptor is told: “If you wish, take the vacant plot for its proportionate price; otherwise, leave it.” He has no claim to the demolished materials.
When land is purchased and its date-palms already carry fruit, the pre-emptor acquires the property together with that fruit. If the purchaser harvests the fruit first, the pre-emptor’s entitlement to it lapses.
If judgment is given in favour of the pre-emptor for a house he has never seen, he has the option of inspection; should he discover a defect, he may return the house on that ground, even if the purchaser had stipulated immunity from defects.
If the original purchase price was deferred, the pre-emptor may either pay the price immediately and take the property, or wait until the term falls due and then take it.
When co-owners partition their jointly held real estate, the adjoining neighbour has no right of pre-emption by reason of that partition.
If a person buys a house and the neighbour forgoes his right of pre-emption, but the purchaser later rescinds the sale through the option of inspection, a stipulated option, or a defect upheld by judicial decree, the neighbour’s right of pre-emption does not revive. If, however, the purchaser returns the house without a court ruling, or the two parties mutually cancel the sale, the neighbour once again enjoys the right of pre-emption.