Q: A neighbor allowed me to build a shed on his property for my own use. Some years later, he expressed interest in acquiring the shed, but I want to dismantle it and move it to my property. May I?
A: We previously mentioned that if someone enhanced another’s property, and the owner of the property expressed interest in keeping the enhancement and paying for it, he acquires it, so that enhancer may not take it back, especially if the property is fit for such enhancement (Rema C.M. 375:6-7; Sma 375:13-14; Gra 375:17).
However, Avnei Nezer (C.M. #8-9) rules that this applies only when the person’s initial intent was to enhance the owner’s property. However, when he built on his own behalf, as in this case, the property owner does not acquire the enhancement until making a proper kinyan with the enhancer’s consent. Thus, you may move it (Pischei Choshen, Geneivah 8:[54]).
(Avnei Nezer disputes there with the Chelkas Yoav whether kinyan chatzer is a valid kinyan for structures attached to the ground.)
