He—may Allah have mercy on him—was asked:

About someone who leased land belonging to the public treasury to certain individuals, each lease specifying a particular area at a specified rent in dirhams. Plantings were established on the land, but the land held by the tenants included an additional area beyond that recorded in their leases. Is it permissible to survey the land and recover the excess for the public treasury?

He replied:

Whatever they have planted beyond the area to which their leases entitle them is subject to the customary rent. Whenever they use the excess land, they must pay the customary rent, by agreement of the Muslims.

If they have not used it, may the landowner uproot the plantings upon reimbursing what they have spent? The scholars hold two well-known opinions on this.

If he chooses to leave the plantings in place and demand the customary rent, he is entitled to do so by agreement.