Q: I bought a property and renovated it. The property turned out to be stolen, and I had to return it to its rightful owner. Must he reimburse me for the renovations?
A: Even if you did not know that the property was stolen and thought that you were renovating rightfully, you are not considered yored b’reshus (enhanced with permission), but rather yored shelo b’reshus (enhanced without permission). Thus, Shulchan Aruch rules, based on Rosh, that owner can say: “Take your wood and stones” (C.M. 236:8).
However, we mentioned at the beginning of the series (#6) that the Rishonim dispute whether the owner can say, “Take your wood and stones,” even for a property fit for such enhancement, or only for one not fit for such enhancement (C.M. and Gra 375:2; Sma 375:4).
If you knew that the property was stolen and nonetheless bought it and renovated it for yourself, despite the prohibition, the owner is certainly not required to reimburse you, because you had no intent to benefit him (Nesivos 236:7; Rema C.M. 356:7).
