We built a house on land belonging to my maternal aunt, but we took 1.5 m of the road to build a yard for the house, and a fence for privacy. Please note that that does not affect passers-by, and we live in a country where lawlessness prevails.
Praise be to Allah, and blessings and peace be upon the Messenger of Allah:
I put this question to our shaykh, ‘Abd ar-Rahman al-Barrak (may Allah, may He be exalted, preserve him), and he replied:
It is not permissible for you to do that, even if it does not constrict the road or affect passers-by, because the road is public property and belongs to everyone, so it is not permissible to transgress or encroach on it. End quote.
And Allah knows best.
Sheikh Muhammed Salih Al-Munajjid
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