Ownership through sowing on unowned land

Question

Question: In brief: here there are mountain forests; there is no farming, rather the forest is for grazing livestock. For 6 months livestock graze in this forest; the government forest department takes a tax of 12 rupees per buffalo for six months. In the forests there are some people who are original inhabitants, and they plant vegetables in some places; these people pay no tax or the like. Is it permissible to plant vegetables and the like in those places which the government rents out, or not?

Answer

On land that is not owned by anyone, whatever someone has sown is his; another is not permitted to use it. But if someone has rented the land from its owner, then another person has no right to cultivate on it; nor is there permission to pull out his vegetables and the like and throw them away.

Source: Fatawa Mahmudiyya

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