Hiring, Renting, and Lease: Ruling on Ownership of Well and Equipment After Lease Cancellation

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Ruling on Ownership of Well and Equipment After Lease Cancellation

English:

Question #1646:

A person leased a piece of arable land, on the condition that he bears all the expenses arising from drilling a well in the land. The leaseholder got the permission for drilling the well from the government in his name and got it running. However, a year later the landlord cancelled the lease from one side. What is the ruling in the matter of the well and its equipment, i.e. does it remain in the ownership of the leaseholder or is it for the landlord?

Answer #1646:

As long as the lease is still in force, neither party has the right to cancel it. At any rate, the well remains part of the land and, thus, in the ownership of the landlord unless there is a condition that may suggest otherwise. As for the machinery and equipment attached to the well and all the items the tenant bought with his own money, they are his. Furthermore, if the two parties have agreed, in the contract, that the tenant has the right to make use of the well, he enjoys the right.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Hiring, Renting, and Lease